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CRISS v. BITZEGAIO

No. 581S142.

420 N.E.2d 1221 (1981)

Charles H. CRISS, John B. Criss, Sarah E. Criss, Martha T. Bitzegaio, Administratrix of the Estate of Eleanor J. Criss, Deceased; and J. Morton Swango, Appellants (Defendants below), v. Harold J. BITZEGAIO, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied July 31, 1981.

Attorney(s) appearing for the Case

Charles E. Criss, Fern & Criss, Peru, for appellants Charles H. Criss, John B. Criss, Sarah E. Criss, and Martha T. Bitzegaio, Administratrix of the Estate of Eleanor J. Criss, Deceased.

Luther G. Johnson, Mann, Chaney, Johnson, Hicks & Goodwin, Terre Haute, for appellee.

ON PETITION TO TRANSFER

HUNTER, Justice.

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...

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