Eugene Barriffe v. Lawson v. Nelson

¶41. In my opinion, the chancellor erred in granting the Nelsons’ motion for a *622new trial, and the chancellor’s first judgment, which imposed a constructive trust for the $165,000 the Barriffes gave Lawson for the landfill and a constructive trust for $72,645 for the amount spent constructing the Wildwood apartment, was correct. The majority fails to provide a complete recitation of the relevant facts and fails to apply a manifest error standard of review to the chancellor’s findings of facts, then imposes a contract on the parties, although no party, either at trial or on appeal, has claimed…