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AMTITLE TRUST COMPANY v. FITCH

No. 1 CA-CIV 2628.

25 Ariz. App. 182 (1975)

541 P.2d 1166

AMTITLE TRUST COMPANY, an Arizona Corporation, and Title Insurance Company of Minnesota, a corporation, Appellants, v. India F. FITCH, a widow, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied December 18, 1975.

Review Denied January 20, 1976.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C., by Wilbert G. Anderson, Phoenix, for appellant Title Ins Co. of Minnesota.

Walters & Haien, by Keith A. Haien, Phoenix, for appellant Amtitle Trust Co.

Divelbiss & Gage, by G. David Gage, Phoenix, for appellee.

OPINION

FROEB, Judge.

This is a constructive trust case. Appellants contend that the facts will not support the imposition of such a remedy. We agree and reverse the judgment of the trial court.

India F. Fitch (Fitch), then a widow1 and a resident of Wyoming, became acquainted with Milan R. Heath (Heath), a scheming real estate man in September, 1970. Over the next nine months, Heath cheated Fitch out of approximately ...

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