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RAUSCH v. DEVINE

No. S-10660.

80 P.3d 733 (2003)

Mark C. RAUSCH, Appellant, v. Michelle DEVINE, Appellee.

Supreme Court of Alaska.

December 5, 2003.

Attorney(s) appearing for the Case

Allison E. Mendel and Sherry Clark, Mendel & Associates, Anchorage, for Appellant.

John R. Strachan, Law Office of John R. Strachan, Anchorage, and James D. Babb, Jr., Law Office of James D. Babb, Jr., Anchorage, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Mark Rausch appeals the trial court's decision that he validly delivered two quitclaim deeds to Michelle Devine and the court's refusal to impose resulting or constructive trusts on the properties in his favor. Because Rausch failed to rebut a presumption of valid delivery by clear and convincing evidence, and because resulting or constructive trusts are inappropriate in cases of gratuitous transfers...

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