Birt v. Birt

STRUCKMEYER, Justice.

This case is before us on a petition to review the Court of Appeals’ decision, 4 Ariz.App. 220, 419 P.2d 350, affirming a judgment of the Superior Court of Pima County. Opinion vacated and judgment reversed.

Appellee, plaintiff below, filed an action against his mother, appellant and defendant below. Though entitled “Action on Contract,” the complaint’s prayer is equitable in form, and both the parties and the court treated the case as an action in equity to impose a constructive trust on the proceeds of certain shares of stock held in appellant’s name.

Appellee alleged…