Denzil Russ Partin v. Mary Ava Partin, et al.

This lawsuit arose out of two transfers of real property. Denzil Russ Partin (“Husband”) sued Mary Ava Partin (“Wife”) and Hazel Walden (“Mrs. Walden”), seeking declaratory relief that the two properties Wife transferred to Mrs. Walden, Wife’s mother, were held in trust for Husband, Wife, and their son, Courtney Partin. The Trial Court found that title to the real property at issue was vested in Mrs. Walden, that no resulting trust had been created, and, that, in any event, the statute of limitations had run on Husband’s action. Husband appeals. We hold that although the Trial Court erred in stating that the statute of limitations had run on Husband’s claim, the Trial Court did not err in declining to impose a resulting trust on the real property at issue. We affirm the judgment as modified.