Birmingham age-herald., 1895-04-30

fraud enters into the conception in all it's possible degrees. Certain species of the constructive trusts arise from actual fraud many others spring from the vio- lation of some positive fiduciary oblga- ton; in all the remaining instances there is, latent perhaps. but none the less real, the necessary element of that un- conscientious conduct which equity calls constructive fraud. "-2 Pom. Eq. Jur, sec. 1044 If this view be adopted, the rela- ton between an insolvent corporation and it's creditors is excluded from every possible category of constructive trusts for the reason, or by virtue of the fact, that that relation involves no fraud whatever; and as that relation is, as l have seen, the sole ground for the doc Urine of trusts in eases like this, the doc Urine is unsound, unsupported in princi pie or reason, and should not be upheld by any court.
 But if we adopt the view first stated above, that constructive trusts may arise by force of some equitable principle inde- pendent of the existence of fraud, actual or constructive, and which seems also to be the opinion of MT. Perry q Perry on Trusts, sec. 16S), the same conclusion is equally inevitable. Eliminating the ele- ment of fraud from the consideration, there still remains, as an es- sential predicate for the exist ence of trust by construction of law, some unconscientious conduct on the part of the person to be held as truss tee in vivitum, or some unconscionable result through means or under circum- stances which bring the transaction within some recognized title of equity jurisprudence, as, for instance, where a tenant in common buys in an outstanding term for his own benefit he is trustee for his co-tenant, and where a convey ance' has been made through ignorance, accident or mistake the grantee will be the trustee in constructive trust for the grantor. Thus, wherever one is placed in such relation to another that he becomes interested with or for him in property or business, he is prohibited from acquiring rights in that property or business antagonistic to the person with whom he is associated as, for illus-' traitor, if one partner, or other person occupying fduciary relation, renew a lease heretofore held by the partner ship, or by the person renewing and an- other in confidential relation to him, in his own name and with his own funds, he will be trustee for his associate by construction of law. And so, where by accident, ignorance or mistake more land is embraced in a conveyance than was bargained and Sold a constructive trust arises in favor of the grantor for the excess.-10 Am. & Eng. Ency. of Law. D. 80.
 But in all these cases, in all cases of constructive trusts where it is said by some authorities chancery proceeds with out regard to fraud relief is granted upon some acknowledged ground of equitable Jurisdiction, and administered by holding the wrong-doer to account as trustee There must be a confiden- tial relation and demonstrations cen duct on the part of one party to, and in abuse of that relation, or there must be some ignorance, accident, mistake, or the like, against the unconScionable consequences of which equity will on general principles grant relief. else there can be ro constructive trust
 That the relation of dehtor and credi-