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eBook details

• Title: Charles H. Criss v. Harold J. Bitzegaio
• Author : Supreme Court of Indiana No. 581S 142
• Release Date : January 26, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

HUNTER, J. This case is before this Court upon the petition to transfer of plaintiff-appellee, Harold J. Bitzegaio. The trial court entered a summary judgment in favor of Bitzegaio, finding that there was a resulting trust in his favor which grew out of an agreement between three men to purchase certain real estate located in Vigo County, Indiana. The court ordered defendants to convey an undivided one-third interest in the property to Bitzegaio. The Court of Appeals, Fourth District, found that there was not sufficient evidence to support a resulting trust in Bitzegaio's favor and reversed the trial court's decision in a divided opinion. Criss v. Bitzegaio, (1980) Ind. App. , 402 N.E.2d 1279. We now grant transfer and reverse. Accordingly, the decision and opinion of the Court of Appeals are hereby vacated, and plaintiff's petition to transfer is granted. We affirm the judgment of the trial court.

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