TOKARSKI v. GATES

No. 89-79.

414 A.2d 1155 (1980)

Joseph TOKARSKI v. Fred A. GATES and Shirley R. Gates.

Supreme Court of Vermont.

April 8, 1980.


Attorney(s) appearing for the Case

Harry A. Black of Black & Plante, White River Junction, for plaintiff.

Edwin W. Free, Jr., Barre, for defendants.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


LARROW, Justice.

Plaintiff, Joseph Tokarski, appeals from a judgment of the Windsor Superior Court awarding defendants, Fred A. and Shirley R. Gates, an undivided one-half interest in certain real property located in Barnard, Vermont. At trial, and here on appeal, plaintiff has asserted that he owns the entire property by resulting trust.

In 1964, plaintiff and defendant Fred Gates, who had known each other in the military, decided to purchase the land in...

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