Clearwater v. Wagner

Plaintiff’s suit seeks to establish a constructive trust and that defendant Wagner be judged to hold title to the “Inez M,” a small fishing boat, as trustee for plaintiff. The trial court denied relief and plaintiff appeals. The defendant Thomas E. Watts made no appearance at trial. Neither defendant appeared on appeal to this court.

We. review de novo. The testimony of plaintiff Clearwater and defendant Wagner is the only evidence offered that reveals any light on whether or not there is a constructive trust. Plaintiff, while separated from her husband, met defendant Watts in June of 1971 at…