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Constructive trust is imposed on property to prevent unjust enrichment due to fraud

Richard Darling sued Tanesha Pryor and John W. Barcume, alleging that Pryor had transferred title to a home in an effort to defraud him.  Darling and Pryor had renovated a home in St. Clair Shores with the intent of sharing the resulting profit at the time of sale.  In the interim, however, Pryor sold her interest to Barcume, who made plans to rent the property.  Darling sued, asking the court to impose a constructive trust on the property so that he could recapture his investment.  The Court agreed with Darling that such a trust was appropriate and explained the equities involved in situations such as this one.  While Barcume did not participate in the fraud, he was aware of some degree of involvement by Darling in the property and therefore he could not claim to be an innocent victim of Pryor's actions.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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