Leonard v. Counts

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that under Virginia law, “[a]n express trust is based on the declared intention of the trustor,” manifested in writing or through the parties’ actions
• holding that a constructive trust arises whenever one holding title to property is subject to an equitable duty to convey it to another on grounds that the holder of property would be unjustly enriched if he were permitted to retain it
• “Resulting and constructive trusts comprise two categories of trusts by operation of law arising without any express declaration of trust.”
• terms of parol contract enforced by constructive trust in regard to realty purchased at auction
• trust arises when one person pays but title is conveyed to another
• “‘[N]ot . . . all constructive trusts are based on “fraud”, unless that word is used in its broadest sense to include all conduct which equity treats as unfair, unconscionable and unjust’”

Source: CourtListener parenthetical corpus (CC0).