First Page
1139
Abstract
Constructive trusts are related to the field of trusts in somewhat the same way that quasi-contracts are today related to the field of contracts-in misnomer only. A judicial declaration of a constructive trust means simply that the holder of legal title to the property affected, must convey it to the person for whose benefit the constructive trust is declared.' The primary efficacy of this equitable remedy is that it gives the successful complainant a preference over all the defendant's creditors; its theory is not that the complainant is trying to reach the defendant's property, but rather that the property which the defendant holds belongs to the complainant.
Recommended Citation
Brad Reed,
Restitution - 1963 Tennessee Survey,
17 Vanderbilt Law Review
1139
(1964)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol17/iss3/25