Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. Jolley

*188CROCKETT, Chief Justice.

This appeal challenges a judgment and decree of the district court which impressed against the defendant Vickie C. Jolley a constructive trust upon two new automobiles, a 1968 Pontiac Firebird and a 1968 Chevrolet Corvette which had been given her by one LaMar Kay, who had purchased the cars with money embezzled from the plaintiff church. On appeal defendant makes two contentions: 1) that a constructive trust can be imposed only on a fiduciary or confidant and not upon a third person with respect to whom no such relationship exists; and 2) that even if such a…