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Overly v. Overly

CIRCUIT COURT OF APPEALS, THIRD CIRCUIT.


decided: December 27, 1946.

HOMER OVERLY (CITIZEN OF FLORIDA), APPELLANT,
v.
ELMER OVERLY, AND ELMER OVERLY, TRUSTEE (CITIZEN OF PENNSYLVANIA), OVERLY MANUFACTURING COMPANY, A CORPORATION OF PENNSYLVANIA (A CITIZEN OF PENNSYLVANIA), ALICE R. WEHE AND HERBERT W. WEHE, INDIVIDUALS (CITIZENS OF PENNSYLVANIA).

Before GOODRICH and McLAUGHLIN, Circuit Judges, and MURPHY, District Judge.

Per Curiam.

This is an action to establish an alleged oral trust in personal property. The District Court, 65 F.Supp. 174, found against the plaintiff and this finding is the subject of appeal. The questions involved are wholly those of fact; the parties have no substantial dispute on the legal points. We have examined the record upon the matters concerning which the appellant claims that the conclusions of the trial court were clearly erroneous. The facts do not, in our opinion, bear out the claim. The judgment is therefore affirmed.

19461227

© 1998 VersusLaw Inc.



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