Pitts v. Pitts

Headnote

Trust — real property — action to establish trust in real property — insufficiency of evidence to sustain finding.

Pitts v. Pitts, 220 App. Div. 774 , affirmed.

Appeal from a judgment, entered June 24, 1927, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was brought to secure an

adjudication that the defendant-respondent holds certain real property, legal title to which is in his name, as trustee for the benefit of the plaintiff and the defendants, and that each of the parties hereto is entitled to an undivided one-fifth interest therein, and for the further purpose of requiring the defendant-respondent to account for all rents received and collected by him from this property since the date upon which title to the property vested in him. The Appellate Division held that the finding of the trial court that the property in question was transferred to defendant-respondent in trust was not supported by the evidence.