McCully v. McCully

Citations

• 78 Va. 159
• 1883 Va. LEXIS 23

Syllabus

<p>1. Partnership-Resulting trusts.-Where two partners agree, by parol or otherwise, that the profits of the firm shall be invested in real estate for their joint benefit, and one partner receives the profits, invests same in real estate and fakes the conveyances in his own name alone, a trust will be held in equity to have resulted in behalf of the other partner to the extent of his interest in the funds therein invested.</p> <p>2. Practice in Chancery-Issue out of chancery.-Where the evidence is conflicting, the credibility of the witnesses involved, and the chancellor feels the necessity of a trial by jury to, satisfy his conscience upon the question of fact before him for determination, it is proper to award an issue out of chancery.</p> <p>3. Idem-Idem-Verdict-Report-Decree.-Where the issue has been properly awarded, and the verdict of the jury, the report of the master, and the opinion of the chancellor, before each of whom the witnesses testified, all concur, it would be an unusual exercise of jurisdiction for the appellate court to reverse the decree.</p>