Title 53, Chapter 12, Section 93
( 53-12-93)
(a) A constructive trust is a trust implied whenever the
circumstances are such that the person holding legal title to
property, either from fraud or otherwise, cannot enjoy the
beneficial interest in the property without violating some
established principle of equity. (b) The person claiming the beneficial interest in the property may
be found to have waived the right to a constructive trust by
subsequent ratification or long acquiescence. |