Stratton v. Stratton

DOWD, Presiding Judge.

This is an appeal from a judgment for plaintiff in a court tried case which granted an implied trust, either constructive or resulting, on land previously owned by defendant Ada Stratton, and subsequently conveyed to defendants Dorothy and Thomas Blickhan. We find that the imposition of a constructive trust was proper. We affirm.

The plaintiff, Elmer L. Stratton, Jr. (herein E.L.) and defendant Dorothy Blick-han are the only children of Elmer L. Strat-ton, Sr. (deceased) and Sally Betz Stratton who died in 1946. In 1947, Elmer L. Strat-ton, Sr. married defendant Ada Penny…