Rapp v. Bowers

Mr. PRESIDING JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

Plaintiff sued defendants, seeking conveyance to him of a one-half undivided interest in certain property to which defendants held title. After trial, the court entered an order imposing a constructive trust on the property in favor of plaintiff, and directed that the premises be sold and the proceeds divided between the parties.

Defendants appeal this order contending that: (1) plaintiff failed to prove either fraud or a fiduciary relationship essential to establishing a constructive trust; (2) the existence of a…