HUDAK v. PROCEK

No. 403, 1998.

727 A.2d 841 (1999)

John HUDAK, Jr., Defendant Below, Appellant, v. Anna PROCEK, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: April 21, 1999.


Attorney(s) appearing for the Case

David J. Ferry, Jr., (argued), and Rick S. Miller, of Ferry & Joseph, P.A., Wilmington, Delaware, for appellant.

Laraine A. Ryan, Hockessin, Delaware, for appellee.


PER CURIAM:

This is an appeal from a decision of the Court of Chancery imposing a resulting trust on certain real property. The trial court applied the general presumption that a party who purchases property, and has it titled in another's name, intends to retain beneficial ownership. In this case, however, the general rule does not apply because the purchasers are the parents of the record owner. Where the record owner is...

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