Hood v. Smoak

Fletcher, Presiding Justice.

Bart Hood sued his daughter, Dawn Smoak, to set aside an allegedly fraudulent conveyance of two tracts of land in Union County totaling 100 acres. The trial court denied Smoak’s motion for summary judgment, but later at trial granted Smoak’s motion for a directed verdict at the close of Hood’s evidence. Because Hood presented evidence from which a jury could imply a constructive trust, we reverse.

Hood alleged that Smoak was holding the 100 acres in constructive trust for him and that Smoak had induced him to place title in her name with no intention of giving title…