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| Morrison v. Morrison | | Morrison v. Morrison, 2009 MT 106N
This is a case that was heard before the Granite County District Court granting a constructive trust in favor of the Plaintiff, represented by Tipp & Buley. Under § 72-33-219, MCA, “[a] constructive trust arises when a person holding title to property is subject to an equitable duty to convey it to another on the ground that the person holding title would be unjustly enriched if he were permitted to retain it.” Plaintiff moved for Judgment as a matter of law claiming that Plaintiff had failed to perform duties of an agrement between the parties and therefore he was not entitled to the property. The District Court deteremined that Plaintiff did present sufficient evidence and therefore the judgment was denied. During trial the Respondent presented jury instructions relating to her theory on grantor-support agreement which were denied because it was not relevant to the Plaintiffs constructive trust claim.
Respondents appealed the decision to the Montana Supreme Court in 2008 for the denial of her proposed jury instructions, as well as the denial of her judgment as a matter of law. The Supreme Court found that the District Court did not abuse its discretion by refusing the Respondent's jury instructions and also that judgment as a matter of law was not granted because Plaitniff presented sufficient evidence. The Supreme Court affirmed the District Court findings. | | |
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 | | Montana Legal News |
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