2010 Ark. App. 71 - Higgins v. Higgins’s Empirical Analysis
2010
Citation profile
12
cited by 12 later decisions
1
states following
May 2021
most recently cited
12 state decisions
Relationships
Relies on Forrest Construction, Inc. v. Milam · Britton v. Floyd · Nichols v. Wray · 84 Ark. App. 114 - Statler v. Painter · 103 Ark. App. 1 - A.R. v. Brown
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A constructive trust is an implied trust that arises by operation of law when equity demands. Tripp v. Miller, 82 Ark.App. 236 , 105 S.W.3d 804 (2003). These trusts are imposed against a person who secures legal title by violating a confidential relationship or fiduciary duty, or who intentionally makes a false oral promise to hold legal title for a specific purpose and, after having acquired the title, claims the property for himself. Wrightsell v. Johnson, 11 [77] Ark.App. 79, 72 S.W.3d 114 (2002). The basis of a | ^constructive trust is the unjust enrichment that would result if the person having the property were permitted to retain it. Tripp, supra. To impose a constructive trust, there must be full, clear, and convincing evidence leaving no doubt with respect to the necessary facts, and the burden is especially great when title to real estate is sought to be overturned by parol evidence. Nichols v. Wray, 825 Ark. 326 , 925 S.W.2d 785 (1996).”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.