Jacoby v. Jacoby

VOIGT, Justice.

[¶ 1] John Michael Jacoby and Barbara Jean Jacoby (the appellants) appeal from an order of equitable lien in the amount of $64,600.00 entered by the district court against property owned by them and in favor of their former daughter-in-law, Yvonne Teresa Jacoby (the appellee). We reverse because the appellee did not prove all of the necessary elements of an unjust enrichment claim.

ISSUES

[¶ 2] The parties raise the following issues:

1. Whether the district court correctly allowed recovery based upon the theory of constructive trust or equitable lien?

2. Whether the statute of…