Kansas Bankers Surety Co. v. Scott

The opinion of the court was delivered by

McFarland, J.:

This was a suit seeking declaration of a constructive trust on a 1971 Lincoln Continental automobile. Judgment in the alternative was entered in favor of plaintiff, Kansas Bankers Surety Company. That is, defendant Elouise Scott was required to give plaintiff possession of the automobile or pay $2,865.00. No appeal was taken from this judgment. Several months later a dispute arose as to the manner of the delivery of the vehicle and, on motion of the defendant, the court ordered that the plaintiff take possession in Florida within thirty…