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Involuntary trust

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

"Involuntary" or "Constructive" trusts embrace all those instances in which a trust is raised by the doctrines of equity, for the purpose of working out justice in the most efficient manner, when there is no intention of the parties to create a trust relation and contrary to the intention of the one holding the legal title. This class of trusis may usually be referred to fraud, either actual or constructive, as an essential element.

Bank v. Kimball Mining Co.., 1 S. D. 388, 47 N. W. 402, 36 Am. St. Rep. 739.