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CORPORATION OF PRES. OF CH. OF JESUS CHRIST v. JOLLEY

No. 11718.

467 P.2d 984 (1970)

24 Utah 2d 187

The CORPORATION OF the PRESIDENT OF the CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a corporation sole, Plaintiff and Respondent, v. Vickie C. JOLLEY, Defendant and Appellant.

Supreme Court of Utah.

April 10, 1970.

Attorney(s) appearing for the Case

Carman E. Kipp, J. Dennis Frederick, of Kipp & Christian, Salt Lake City, for defendant and appellant.

Oscar W. McConkie, of Kirton & McConkie, Salt Lake City, for plaintiff and respondent.

CROCKETT, Chief Justice.

This appeal challenges a judgment and decree of the district court which impressed against the defendant Vickie C. Jolley a constructive trust upon two new automobiles, a 1968 Pontiac Firebird and a 1968 Chevrolet Corvette which had been given her by one LaMar Kay, who had purchased the cars with money embezzled from the plaintiff church. On appeal defendant makes two contentions: 1) that a constructive trust can be imposed only on a fiduciary...

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