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Bramlett v. Selman

597 S.W.2d 80 (1980)

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Bramlett v. Selman

Arkansas Supreme Court
597 S.W.2d 80 (1980)

  • Written by Mike Begovic, JD

Facts

James Bramlett (defendant) and Benjamin Selman (plaintiff) began a homosexual relationship in 1977. Selman was married at the time, but he eventually left his family and moved in with Bramlett. Selman divorced his wife shortly thereafter, and he opened a bank account in Bramlett’s name, depositing $7,000. Bramlett claimed that the money was a gift, but Selman maintained that they had a mutual understanding whereby Bramlett would use the money to purchase a house for his and Bramlett’s benefit. According to Selman, Bramlett was supposed to convey title to the property after Selman’s divorce was finalized. Selman eventually felt guilty and informed his wife of the property during the divorce proceedings. Near the end of 1977, Bramlett and Selman had a falling out. Bramlett refused to convey the title to Selman. Selman moved out and brought an action seeking to compel Bramlett to convey the title to him. A chancellor found that Bramlett held title as a constructive trustee for Selman and ordered Bramlett to convey the title. Bramlett appealed, contending that the trial court erred by finding the existence of a constructive trust.

Rule of Law

Issue

Holding and Reasoning (Stroud, J.)

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