Hill v. Beacham

Citations

• 79 Fla. 430
• 85 So. 147

Syllabus

<p>1. Where relief in equity is sought upon the ground that alleged relations of the parties and the transactions growing out of them charged certain properties with a trust for complainant’s benefit and the answer denies such relations and transactions, the burden rests upon complainant to prove such allegations of his bill.</p> <p>2. Where an alleged trust is based upon parol agreements, the evidence to support such trust must be so clear, strong and unequivocal as to remove from the mind of the chancellor every reasonable doubt as to the existence of the trust.</p> <p>3. Unless the chancellor’s findings appear clearly to 'have been erroneous, his decree based upon such findings will not be disturbed.</p> <p>4. Where relief is asked based upon the existence of a trust in real .property growing out of alleged partnership relations between the parties and the chancellor finds the evidence to be insufficient to support the allegations as to the existence of the partnership, the relief prayed for should be denied.</p>