343 So.3d 1108
Miss. Ct. App.2022Background
- In 2001 Jacob Ainsworth executed a warranty deed conveying 204 acres to his daughters, reserving a life estate for himself. He testified the conveyance was to keep the land out of a future marital estate.
- After Ainsworth later divorced, he orally told his daughters he wanted the land reconveyed to him and promised to later reconvey it back to them as tenants in common so each could devise a one-half interest.
- The daughters, relying on that promise, signed a quitclaim deed conveying their remainder interests back to Ainsworth.
- Evidence at trial included the daughters’ testimony that Ainsworth conditioned returning the land on one daughter relinquishing an adopted African‑American child; Ainsworth denied the agreement and the condition.
- The chancery court found by clear and convincing evidence that Ainsworth had wrongfully obtained title and that an implied trust (construed as a constructive trust) existed; it discredited Ainsworth’s testimony. Ainsworth appealed.
- The Court of Appeals affirmed, holding a constructive trust was warranted to prevent unjust enrichment given Ainsworth’s deceptive and unconscionable conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a constructive or resulting trust arose such that Ainsworth must reconvey the 204 acres | Daughters: clear and convincing proof that Ainsworth fraudulently induced them to reconvey and thus holds title unjustly; constructive trust is required. | Ainsworth: no enforceable agreement and daughters failed to prove a resulting or constructive trust; he denied the alleged agreement and misconduct. | Court: Affirmed constructive trust. Chancellor’s credibility findings supported that Ainsworth wrongfully acquired title by deceit/unconscionable conduct; trust remedy appropriate. |
Key Cases Cited
- Allgood v. Allgood, 473 So. 2d 416 (Miss. 1985) (affirming constructive trust where overreaching or fraud caused one party to unfairly hold title)
- White v. White, 325 So. 3d 666 (Miss. Ct. App. 2019) (describing constructive trust as remedy to prevent unjust enrichment and listing wrongful conduct that supports imposition)
- In re Estate of Abernathy, 778 So. 2d 123 (Miss. 2001) (explaining implied trusts generally and distinguishing resulting and constructive trusts)
- Simmons v. Simmons, 724 So. 2d 1054 (Miss. Ct. App. 1998) (implied trusts arise from surrounding facts to prevent injustice despite written title)
- Barriffe v. Estate of Nelson, 153 So. 3d 613 (Miss. 2014) (describing burden—clear and convincing—to establish a constructive trust and its remedial nature)