THOMASI v. KOCH

No. 5776.

660 P.2d 806 (1983)

Mario THOMASI and Doris Thomasi, Appellants (Defendants), v. Linda KOCH, Administratrix and Personal Representative of Edra Vaughn Bainbrich, Deceased, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 24, 1983.


Attorney(s) appearing for the Case

Neil J. Short, and Michael J. Krampner, Casper, for appellants.

C.L. Harden, and William W. Harden, Casper, for appellee.

Before ROONEY, C.J., and RAPER, THOMAS, ROSE, and BROWN, JJ.


THOMAS, Justice.

This appeal raises the question of whether a constructive trust in real property can be found to exist under Wyoming law in the absence of adequate proof of a fiduciary relationship or a close family relationship. A secondary issue is raised with respect to the sufficiency of the evidence to satisfy a standard which requires clear and convincing evidence. The district court ruled that a constructive trust had been established, and awarded the property...

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