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GONZALEZ v. SIMES et al.

364 Pa. 245 (1950)

Gonzalez, Appellant, v. Simes et al.

Supreme Court of Pennsylvania.

March 20, 1950.

Attorney(s) appearing for the Case

Thomas J. Burke, with him H. Lester Haws and Fred T. Cadmus, 3rd, for appellant.

Truman D. Wade, with him Wade, Wade & Wade, for appellees.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.

OPINION BY MR. JUSTICE LINN, March 20, 1950:

This is another case in which a plaintiff, by oral evidence, sought to establish a resulting trust in real property. In Geyer v. Thomas, 364 Pa. 242, 72 A.2d 89 (1950) we again quoted the governing principle as follows: "`In order to establish, by oral testimony, a resulting trust in real estate against the person holding the legal title the evidence must be "clear, explicit and unequivocal...

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