Supreme Court of Kansas January 20, 1979, No. 49,149 (Kansas Bankers Surety Co. v. Scott)

The opinion of the court was delivered by

McFarland, J.:

This was a suit seeking declaration of a constructive trust on a 1971 Lincoln Continental automobile. Judgment in the alternative was entered in favor of plaintiff, Kansas Bankers Surety Company. That is, defendant Elouise Scott was required to give plaintiff possession of the automobile or pay $2,865.00.