McGill v. Chappelle

Citations

• 71 Fla. 479
• 71 So. 836

Syllabus

<p>1. Where a resulting trust is sought to be established by parol evidence, the burden rests upon the person asserting the existence of the trust to remove every reasonable doubt as to its existence by clear, strong and unequivocal evidence.</p> <p>2. The finding of a Chancellor on the testimony taken before an examiner will not be given the same' effect as the verdict of a jury because not based upon testimony of witnesses sworn and testifying before him, and if the evidence so taken before the examiner clearly shows that the conclusions of the Chancellor were incorrect, his conclusions will be reversed.</p>