MARCH v. GERSTENSCHLAGER

No. 46817.

322 S.W.2d 743 (1959)

Mary Allene MARCH, Respondent, v. Arnold Laclede GERSTENSCHLAGER, Appellant, St. Francois County Building and Loan Association, a corporation, and J. O. Swink, Trustee, Defendants.

Supreme Court of Missouri, Division No. 2.

April 17, 1959.


Attorney(s) appearing for the Case

Robert A. McIlrath, Flat River, and Derrick & Holderle, St. Louis, for appellant.

Milton F. Napier, St. Louis, for respondent.


EAGER, Judge.

In this suit in equity plaintiff sought primarily the declaration of a trust in real estate which she had conveyed to her former husband. She also sought an accounting of the rents and profits and asked that a deed of trust, placed on the property by the grantee, be invalidated. The judgment was for plaintiff; the court adjudged that defendant Gerstenschlager, appellant here, held title merely as trustee of a resulting trust and that plaintiff was the...

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