Quinn v. Phipps

The statutes of the State of Florida contain the following:

“No estate or interest” in lands * * * “shall be created” “in any other manner than” by deed or will “or by the act and operation of law.” Sec. 3787, Revised General Statutes, 1920. “A trust in lands may arise or result by the implication or construction of law, or be transferred or extinguished by the act and operation of law. ’ ’ Sec. 3791, Revised General Statutes 1920.

“A constructive trust is one that arises when a person, clothed with some fiduciary character, by fraud or otherwise gains some advantage to himself. Courts construe…