...In Georgia, implied trusts "are such as are inferred by law from the nature of the transaction or the conduct of the parties [cit.], and are either resulting or constructive." Aetna Life Ins. Co. v. Weekes, 241 Ga. 169, 171 (244 SE2d 46) (1978); OCGA §§ 53-12-26; 53-12-27....

...s of A. G. Lee, Sr., prior to his death did not evidence a clear and convincing intent that the proceeds be held for the benefit of the appellees. 3. An award of the proceeds to the estate under a constructive trust theory must also fail. Under OCGA § 53-12-26 a constructive trust may be imposed where property has been acquired by fraud, or where, though not acquired by fraud it is against equity that it should be retained by the person who holds it....

...(45996) A constructive trust arises with respect to property the title to which was acquired by fraud, or where although acquired originally without fraud, it is against equity that the title should be retained by the one who holds it. Aetna Life Ins. Co. v. Weekes, 241 Ga. 169, 172 (244 SE2d 46) (1978); OCGA § 53-12-26....

...Lonas, 246 Ga. 720 (2) (272 SE2d 687) (1980), held that a constructive trust or equitable lien can be imposed to obtain repayment of a loan when the loan was fraudulently procured and no adequate remedy is available at law. The court relied on OCGA § 53-12-26 (2), which provides a trust will be implied "[w]here, from any fraud, one person obtains the title to property which rightly belongs to another." The court further held a promise made without a present intent to perform is a misrepresentation of material fact and is sufficient to support a claim of fraud....

...566 (181 SE2d 861) (1971). Further, where the deceased has allowed a policy to lapse in derogation of the decree and has acquired a new policy and designated a new beneficiary, this, without more, will not give rise to a constructive trust under OCGA § 53-12-26 (former Code Ann....

...Accordingly, the purchaser’s argument that the lender should not be allowed to disregard the recording statutes and what was revealed thereby is without merit. While we recognize the purchaser’s equitable rights in the property because of the purchase money he has expended, OCGA § 53-12-26 (1) (Code Ann....

...This is simply a case properly tried before a jury where the necessary factual questions were resolved. This court should not so lightly substitute its opinion of the evidence for that of the jury. I am authorized to state that Justice Bell joins in this dissent. NOTES [1] The relief sought is governed by OCGA § 53-12-26, relating to implied trusts....

...facts or *120 circumstances existing at the time of the execution of the deed upon which to imply a trust. We agree. There was nothing existing at the time of the execution of the deeds that would allow a trust to be impressed in this case. See OCGA § 53-12-26; Cassels v....

...All the Justices concur, except Hunstein and Carley, JJ, who dissent. Atlanta-East does not base its claim on prescription. In fact, it contends that there is no evidence of possession of the Property by anyone. Thomas v. Trust Co. Bank, 247 Ga. 693 (279 SE2d 440) (1981). OCGA § 53-12-26. The deed also instructed that any profits realized from the sale or lease of the Property were to be paid to Porter’s Estate, to a third party, L....

...gly. Page appeals. Wheale also appeals that part of the judgment denying his request for attorney fees. 1. This case is controlled by Harrell v. Harrell, 249 Ga. 170 (290 SE2d 906) (1982). There we considered the import as to implied trusts of OCGA § 53-12-26, along with several of our cases, e.g., Adderholt v....