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14 Missouri opinions name it 2 courts 1979–2025 1 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Schultz v. Schultzgreen2 sentences1993Schultz v. Schultz, 637 S.W.2d 1, 4 (Mo. banc 1982); Suhre v. Busch, 343 Mo. 679 , 123 S.W.2d 8, 15 (1938). 1986As noted in the Schultz opinion: “Constructive trusts are technically not trusts at all, but rather, are equitable devices employed by courts of equity to remedy a situation where a party has been wrongfully deprived of some right, title, benefit, or interest in property as a result of fraud or violation of confidence or faith reposed in another.” Schultz, supra, [2]. | 4 | 5 |
Lynch v. Lynchgreen2 sentences2025The Equitable Claim of a Constructive Trust “A constructive trust is an equitable device employed by ‘courts of equity to remedy a situation where a party has been wrongfully deprived of some right, title, or interest in property as a result of fraud or violation of confidence or faith reposed in another.’” Lynch v. Lynch, 260 S.W.3d 834, 837 (Mo. banc 2008) (quoting In re Estate of Davis, 954 S.W.2d 374 , 379 (Mo. App. E.D. 1997)). “[T]he touchstone for imposition of a constructive trust is injustice or unfairness, which may take the form or be the product of fraud (actual or constructive), a 2017“A constructive trust is an equitable device employed by courts of equity to remedy a situation where a party has been wrongfully deprived of some right, title or interest in property as a result of fraud or violation of confidence or faith reposed in another.” Lynch v. Lynch, 260 S.W.3d 834,837 (Mo. banc 2008) (emphasis added). | 3 | 3 |
Suhre v. Buschgreen2 sentences1993Schultz v. Schultz, 637 S.W.2d 1, 4 (Mo. banc 1982); Suhre v. Busch, 343 Mo. 679 , 123 S.W.2d 8, 15 (1938). 1993Schultz v. Schultz, 637 S.W.2d 1, 4 (Mo. banc 1982); Suhre v. Busch, 343 Mo. 679 , 123 S.W.2d 8, 15 (1938). | 2 | 2 |
Kohm v. Kohmgreen2 sentences2010Our Supreme Court set out the requirements for a constructive trust: A constructive trust is an equitable device employed by “courts of equity to remedy a situation where a party has been wrongfully deprived of some right, title or interest in property as a result of fraud or violation of confidence or faith reposed in another.” Kohm v. Kohm (In re Estate of Davis), 954 S.W.2d 374, 379 (Mo.App.1997). 2008A constructive trust is an equitable device employed by “courts of equity to remedy a situation where a party has been wrongfully deprived of some right, title or interest in property as a result of fraud or violation of confidence or faith reposed in another.” Kohm v. Kohm (In re Estate of Davis), 954 S.W.2d 374 , 379 *838 (Mo.App.1997). | 1 | 2 |
Brown v. Browngreen1 sentence2025The Equitable Claim of a Constructive Trust “A constructive trust is an equitable device employed by ‘courts of equity to remedy a situation where a party has been wrongfully deprived of some right, title, or interest in property as a result of fraud or violation of confidence or faith reposed in another.’” Lynch v. Lynch, 260 S.W.3d 834, 837 (Mo. banc 2008) (quoting In re Estate of Davis, 954 S.W.2d 374 , 379 (Mo. App. E.D. 1997)). “[T]he touchstone for imposition of a constructive trust is injustice or unfairness, which may take the form or be the product of fraud (actual or constructive), a | 1 | 1 |
Matlock v. Matlockgreen1 sentence2025Thus, a constructive trust may be “‘imposed where a person who holds title to property is under a duty to convey it to another on the ground that he would be unjustly enriched if he were permitted to retain it.’” Lynch, 260 S.W.3d at 837 (quoting Matlock v. Matlock, 815 S.W.2d 110, 114 (Mo. App. S.D. 1991)). | 1 | 1 |
Cross v. Crossgreen2 sentences2017Where a trustee by wrongfully disposing of trust property acquires other property, the beneficiary can “follow the trust property into its product, and can enforce a constructive trust or equitable lien upon the product.” Cross v. Cross, 362 Mo. 1098 , 246 S.W.2d 801, 803 (1952). 2017Where a trustee by wrongfully disposing of trust property acquires other property, the beneficiary can “follow the trust property into its product, and can enforce a constructive trust or equitable lien upon the product.” Cross v. Cross, 362 Mo. 1098 , 246 S.W.2d 801, 803 (1952). | 1 | 1 |
Imgrund v. Laruegreen1 sentence1997Imgrund v. LaRue, 851 S.W.2d 40, 43-44 [footnote 2] (Mo.App. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Massachusetts Bay, Insurance Co. v. Haas
green
1 sentence2002A constructive trust is an equitable remedy available when “a party has been wrongfully deprived of some right, title or interest in property as a result of fraud or violation of confidence or faith reposed in another.” Estate of Davis, 954 S.W.2d 374 , 379 (Mo.App. | 1 | 2002–2002 |
Murphy v. Olds
green
1 sentence1979Murphy v. Olds, 508 S.W.2d 249 (Mo.App.1974); Steele v. Cross, 366 S.W.2d 434 (Mo.1963); Mahler v. Tieman, supra. A constructive trust does not arise as a result of an agreement or intention of the parties, but is implied by law and is a method of the law of equity to rectify a situation where a party has been wrongfully deprived of some right, title or benefit in property as a result of fraud or violation of confidence by another. | 1 | 1979–1979 |
Steele v. Cross
green
1 sentence1979Murphy v. Olds, 508 S.W.2d 249 (Mo.App.1974); Steele v. Cross, 366 S.W.2d 434 (Mo.1963); Mahler v. Tieman, supra. A constructive trust does not arise as a result of an agreement or intention of the parties, but is implied by law and is a method of the law of equity to rectify a situation where a party has been wrongfully deprived of some right, title or benefit in property as a result of fraud or violation of confidence by another. | 1 | 1979–1979 |
Mahler v. Tieman
green
1 sentence1979Murphy v. Olds, 508 S.W.2d 249 (Mo.App.1974); Steele v. Cross, 366 S.W.2d 434 (Mo.1963); Mahler v. Tieman, supra. A constructive trust does not arise as a result of an agreement or intention of the parties, but is implied by law and is a method of the law of equity to rectify a situation where a party has been wrongfully deprived of some right, title or benefit in property as a result of fraud or violation of confidence by another. | 1 | 1979–1979 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.