Nelson v. Emmert

KENNETH W. SHRUM, Judge.

This is a case in equity that seeks to invoke the remedy of constructive trust. The trial court set aside a deed made by Robert W. Nelson (“Plaintiff’) to John Emmert and his wife, Pam Emmert, and it ordered title to the land re-vested in Plaintiff. 1 Defendants’ appeal claims that Plaintiff was not entitled to equitable relief as a matter of law because (1) he had unclean hands, and (2) the court never found Defendants promised to reconvey the real estate as Plaintiff contended. We affirm.

CONSTRUCTIVE TRUST PRINCIPLES AND STANDARD OF REVIEW

Varied and confusing…