Joseph v. Tibsherany

I am unable to agree with the conclusions reached in the majority opinion and therefore register my dissent.

It is established beyond question in this jurisdiction that while a constructive trust may be established by parol evidence, such evidence must be clear and- convincing, not doubtful, uncertain and contradictory. It must be full, clear, and satisfactory. Smith v. Connor, 87 Ariz. 6, 347 P.2d 568; Murillo v. Hernandez, 79 Ariz. 1, 281 P.2d 786; Stewart v. Schnepf, 62 Ariz. 440, 158 P.2d 529; Costello v. Gleeson, 19 Ariz. 532, 172 P. 730; Costello v. Cunningham, 16 Ariz. 447, 147 P. 701…