Long Spanning Family Battle Over Farmland Ownership Ends in Default Judgment.

This case was originally filed in 1997, and this is the second opinion of the state (UT) Supreme Court in the matter.  The father of the siblings involved in the case was diagnosed with cancer in 1966 and deeded his farm to his oldest son in early 1967 in an attempt to impoverish himself so that he could qualify for public assistance benefits to pay for his cancer treatments.  In 1993, the siblings learned that the eldest son considered the farm to be exclusively his when he conveyed a portion of the farm to a third party.  The eldest son sued in 1997 to quiet title and establish himself as the rightful owner of the farm.  The siblings counterclaimed and requested that they be named equal beneficiaries of a trust that their father intended.  The trial court, in the initial action, imposed a constructive trust on the farm, and the UT Supreme Court affirmed.  Rawlings v. Rawlings, 240 P.3d 754 (Utah 2010).  On remand, the eldest son claimed that the constructive trust should be in the form of an equitable lien and not a possessory interest in the farm or any other property.  The trial court disagreed and divided the property among the siblings.  The court also determined that the eldest son was a "conscious wrongdoer" and that any profits from the trust property be included in the trust res.  The court also permitted additional discovery on the issue of what properties should be included in the trust.  The eldest son didn't respond and the siblings moved to compel.  The eldest son was non-responsive and the trial court entered default judgment against him.  On further review, the UT Supreme Court affirmed.  The order of a constructive trust was appropriate to remedy the finding of unjust enrichment and it cannot be converted into an equitable lien.  The farm was equally divided among the children.  Rawlings v. Rawlings, No. 20130744, 2015 Utah LEXIS 265 (Utah Sept. 22, 2015).