Edna v. Phoenix Title & Trust Co‪.‬

Plaintiff, Edna Markel, appeals from the judgment of the Superior Court of Maricopa County, granting defendants motion for judgment at the close of plaintiffs case. Plaintiff was divorced from Earl E. Van-y in December of 1939 in Wichita, Kansas. Defendant, Virginia Van-y was married to Earl E. Van-y from February 1941, to the time of his death, in Wichita, in April, 1959. Before her husbands death defendant sold a parcel of land situate in Arizona previously held in his name. It is this sale which gave rise to the present cause of action. Simply stated, plaintiff seeks to impose a constructive trust on one-half of the $25,000 realized from the sale of this realty in Maricopa County, Arizona.