Leath v. Watson

Citations

• 89 Va. 722
• 17 S.E. 4
• 1893 Va. LEXIS 94

Syllabus

<p>1. Resulting Tbust—Allegata—Probata—Case at bar.—To establish a resulting trust by parol testimony, to over-ride a deed absolute on its face, the'property must be described with particularity in the pleadings, and the evidence must be clear, full, and satisfactory, and must correspond with the allegations.</p> <p>Held :</p> <p>In the suit here the evidence is in substantial conformity with the bill, and establishes the trust claimed by the plaintiff.</p> <p>2. Idem—Fraud—Case at bar.—Where, in the pleadings, no charge of fraud is made, evidence is inadmissible to show that the arrangement made, whereby land conveyed absolutely to a third party was to be paid for with plaintiff’s money, and held in trust for her, was made fraudulently, with a view to hinder, delay, and defraud plaintiff’s creditors—</p> <p>Held :</p> <p>In the case here there is no such charge made, and, if made, no evidence to sustain it.</p>