Fountain v. Filson, 336 U.S. 681 (1949)

Fountain v. Filson

No. 542

Decided April 18, 1949
336 U.S. 681

ON PETITION FOR CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Respondents sued in the District of Columbia for a declaration of a resulting trust in certain New Jersey realty and for "other relief." The District Court granted petitioner’s motion for a summary judgment, on the ground that New Jersey law would not permit the imposition of a resulting trust in the circumstances disclosed in the complaint and accompanying documents. The Court of Appeals sustained this action but remanded the cause to the District Court with directions to enter a personal money judgment for respondents.

Held: the Court of Appeals erred in directing entry of a personal money judgment and in thus depriving petitioner of an opportunity to dispute the facts material to that claim. Pp. 681-683.

84 U.S.App.D.C. ___, 171 F.2d 999, reversed.

On appeal from a summary judgment of a district court denying a declaration of a resulting trust in realty, the Court of Appeals sustained this action but remanded the case to the District Court with directions to enter a personal money judgment. 84 U.S.App.D.C. ___, 171 F.2d 999. On petition for certiorari, this Court grants certiorari, reverses the decision of the Court of Appeals, and remands the cause to the District Court for further proceedings, p. 683.