Legal Opinion

Amtitle Trust Company v. Fitch

Court of Appeals of Arizona

Decided November 6, 1975No. 1 CA-CIV 2628PublishedCited by 9 opinions

1Opinion of the Court

OPINION

FROEB, Judge.

This is a constructive trust case. Appellants contend that the facts will not support the imposition of such a remedy. We agree and reverse the judgment of the trial court.

India F. Fitch (Fitch), then a widow 1 and a resident of Wyoming, became acquainted with Milan R. Heath (Heath), a scheming real estate man in September, 1970. Over the next nine months, Heath cheated Fitch out of approximately $20,000 by promising to invest, the money to her advantage, but instead using the money entirely for his own benefit.

Fitch filed suit against Heath who failed to appear for trial.…

2Cases cited9 opinions

  1. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
  2. Murphy v. StateArizona Supreme Court · 1947
  3. Markel v. Transamerica Title Insurance CompanyArizona Supreme Court · 1968
  4. Jarvis v. HammonsArizona Supreme Court · 1927
  5. Arm, Inc. v. TerrazasCourt of Appeals of Arizona · 1975

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Johnson v. American National InsuranceCourt of Appeals of Arizona · 1980
  2. Burch & Cracchiolo, P.A. v. PuglianiArizona Supreme Court · 1985
  3. DeMello v. Home Escrow, Inc.Hawaii Intermediate Court of Appeals · 1983
  4. Barrasso v. First National BankCourt of Appeals of Arizona · 1979
  5. AzStar Casualty Co. v. Allied General Agency (In Re Allied General Agency)District Court, D. Arizona · 1998

4 more not listed; retrieve them via the Exa API.

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