Ferreira v. Borja

ATALIG, Justice:

The plaintiff/appellant, Diana C. Ferreira (“Diana”), appeals from a trial court order granting the defendants/appellees’ (“defendants”) cross motion for summary judgment.1 This matter is being heard on remand from the Ninth Circuit Court of Appeals to “reconsider [our] interpretation of resulting trust law.” Ferreira v. Mafnas, 1 F.3d 960, 963 (9th Cir. 1993), vacating and remanding Ferreira v. Borja, 2 N.M.I. 514 (1992).

We agree with the Ninth Circuit in that, because the purported transaction to be accomplished had an illegal purpose, no resulting trust would have arisen in…