Legal Opinion · Dissent

Anderson v. Architectural Glass Construction, Inc. (In Re Pfister)

Court of Appeals for the Fourth Circuit

Decided April 17, 2014No. 12-2465Published

1DissentShedd, Circuit Judge

I agree with the district court that there was a resulting trust in favor of Architectural Glass Construction (“AGC”). Under South Carolina law, a resulting trust is an equitable remedy designed “to effectuate the intent of the parties in certain situations where one party pays for property, in whole or in part, that for a different reason is titled in the name of another.” Bowen v. Bowen, 352 S.C. 494, 575 S.E.2d 553, 556 (2003). Here, there is a resulting trust in favor of AGC because the testimony re*301garding the intent of the parties is that Mrs. Pfister had mere legal title and that AGC is…

2Cases cited5 opinions

  1. Jasco Tools, Inc. v. Dana Corp.Court of Appeals for the Second Circuit · 2009
  2. Hayne Federal Credit Union v. BaileySupreme Court of South Carolina · 1997
  3. United States v. David SklenaCourt of Appeals for the Seventh Circuit · 2012
  4. Robert Ridgway v. Ford Dealer Computer Services, Inc.Court of Appeals for the Sixth Circuit · 1997
  5. Bowen v. BowenSupreme Court of South Carolina · 2003

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