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JOERRES v. KOSCIELNIAK

13 Wis.2d 242 (1961)

JOERRES and wife, Respondents, v. KOSCIELNIAK and wife, Appellants.

Supreme Court of Wisconsin.

April 4, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief by George E. Frederick, and oral argument by William P. McGovern, both of Milwaukee.

For the respondents there was a brief and oral argument by Henry A. Tessmer of Milwaukee.

BROADFOOT, J.

The defendants state that, although the trial court found specifically they were trustees under an implied trust, it appears from other findings of fact that they were held to have been trustees under a constructive trust. Generally, implied trusts are those that arise by operation of law, and the term is sufficiently broad to cover constructive trusts and also resulting trusts in those states that recognize them. Sec. 231.06, Stats., refers to implied...

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