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GREEN v. A. R. CLARK INVESTMENT COMPANY

No. 16369.

363 S.W.2d 802 (1962)

H. S. GREEN et al., Appellants, v. A. R. CLARK INVESTMENT COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 25, 1963.

Attorney(s) appearing for the Case

Hudson, Keltner, Jordan, Smith & Cunningham, K. K. Smith and Joe Bruce Cunningham, Fort Worth, for H. S. Green, A. B. Canning, William T. Green, Earl M. Moore and E. M. Moore Investment Co.

Frank E. Crumley and R. E. Rouer, Fort Worth, for A. R. Clark Investment Co. and A. R. Clark and Bille Clark.

Stone, Parker, Snakard, Friedman & Brown, and R. F. Snakard, Fort Worth, for appellee H. R. Weissberg Corp.

MASSEY, Chief Justice.

Matters in the case on appeal are rather involved, with the most important question appearing to be whether or not a constructive trust was properly engrafted on a fund, or what remained thereof, in the hands of the alleged trustee. We have reached the conclusion that the facts and circumstances of the case did not entitle the plaintiffs to such form of a trust, but only to an equitable lien.

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