Rutherford v. Ultra Shield

2002 MT 137N
CourtMontana Supreme Court
DecidedJune 20, 2002
Docket01-675
StatusPublished

This text of 2002 MT 137N (Rutherford v. Ultra Shield) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rutherford v. Ultra Shield, 2002 MT 137N (Mo. 2002).

Opinion

No. 01-675

IN THE SUPREME COURT OF THE STATE OF MONTANA

2002 MT 137N

JAY W. RUTHERFORD,

Plaintiff/Appellant,

v.

ULTRA SHIELD PRODUCTS INTERNATIONAL, INC., its successors, assigns, and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to the plaintiff's ownership or any cloud upon plaintiff's title thereto, whether such claim or possible claim be present or contingent,

Defendant and Respondent.

SUN MERCHANT GROUP, INC.,

Third-Party Plaintiff and Respondent,

JAY W. RUTHERFORD, AMERICAN, BANK and all other persons, unknown, claiming or who might claim any right, title, estate or interest in or lien or encumbrance upon the real property described in the plaintiff's complaint adverse to Sun Merchant Group, Inc.'s ownership, or any cloud upon Sun Merchant Group, Inc.'s title thereto, whether such claim or possible claim be present or contingent.

Third-Party Defendants and Appellant. _______________________________________

APPEAL FROM: District Court of the Sixth Judicial District, In and for the County of Park, The Honorable Nels Swandal, Judge presiding.

COUNSEL OF RECORD:

For Appellant:

Patrick N. Dringman, Josephson & Dringman, Big Timber, Montana

For Respondent:

Karl Knuchel, Attorney at Law, Livingston, Montana

Submitted on Briefs: February 7, 2002 Decided: June 20, 2002 Filed:

__________________________________________ Clerk Justice Jim Regnier delivered the Opinion of the Court. ¶1 Pursuant to Section I, Paragraph 3(c) Montana Supreme Court

1996 Internal Operating Rules, the following decision shall not be

cited as precedent but shall be filed as a public document with the

Clerk of the Supreme Court and shall be reported by case title,

Supreme Court cause number and result to the State Reporter

Publishing Company and to West Group in the quarterly table of

noncitable cases issued by this Court.

¶2 Jay W. Rutherford filed a quiet title action in the Sixth

Judicial District Court, Park County, against Ultra Shield Products

International, Inc. (“Ultra Shield”) seeking to quiet title to

certain property in Park County, Montana. Sun Merchant Group (“Sun

Merchant”) interpled as a third-party plaintiff to defend its

claimed interest in the subject property. Following a trial, the

District Court ruled in favor of Sun Merchant. Rutherford appeals

and we affirm. ¶3 The following issue is dispositive of this appeal:

¶4 Did the District Court err in quieting title to the disputed

property in favor of Sun Merchant?

BACKGROUND

¶5 This dispute revolves around two parcels of property in Big

Timber, Montana. On September 30, 1996, Rutherford made a $10,000

down payment toward the property out of his personal funds. Ultra

Shield paid the remainder of the purchase price and took title to

the property in its name. Ultra Shield is a business incorporated

in Delaware, with its principal place of business in Rancho

Cucamonga, California. Rutherford was the CEO and President of

Ultra Shield at the time of the transaction. Ultra Shield,

3 however, later suspended Rutherford in September 1998.

¶6 On November 13, 1997, Rutherford took out a mortgage for

$75,000 from American Bank of Big Timber (“American Bank”). He

used the Big Timber property as collateral for the loan.

Rutherford took out a second mortgage from American Bank around

August 19, 1998, for $102,500. He again used the disputed property

as collateral for the loan. Rutherford claims that he used the

proceeds from these loans to repay Ultra Shield for the purchase

price of the property. Rutherford claims to have made all the

necessary payments on these loans, but no evidence exists that

Rutherford has fully paid off the loans or used other assets to

collateralize them. ¶7 Sun Merchant, an investment company incorporated in Florida,

purportedly lent Ultra Shield a total of $150,000 in August and

September 1998. On November 19, 1998, Rutherford filed a Complaint

to Quiet Title on the two parcels of property against Ultra Shield

and any successors or assigns. On November 23, 1998, and December

4, 1998, in exchange for a release from Sun Merchant’s loan and any

future claims, Ultra Shield transferred the two parcels of property

via quitclaim deeds to Sun Merchant. Sun Merchant later interpled

as a third-party plaintiff to defend its claimed interest in the

property.

¶8 On May 22, 2001, the District Court conducted a bench trial.

The court issued a judgment quieting title in favor of Sun

Merchant. Rutherford appeals from this judgment.

STANDARD OF REVIEW

4 ¶9 Rutherford’s claims of resulting and constructive trusts are

claims in equity. See Kauffman-Harmon v. Kauffman, 2001 MT 238, ¶

11, 307 Mont. 45, ¶ 11, 36 P.3d 408, ¶ 11. Therefore, in reviewing

the findings of fact, we decide if the District Court's findings

are clearly erroneous, and, in reviewing the conclusions of law, we

decide if the court’s interpretation of the law is correct. See

Hansen v. 75 Ranch Co., 1998 MT 77, ¶ 20, 288 Mont. 310, ¶ 20, 957

P.2d 32, ¶ 20.

DISCUSSION ¶10 Did the District Court err in quieting title to the disputed

¶11 Rutherford sought to quiet title based on theories of purchase

money resulting trust and constructive trust. A party must

establish a trust “by evidence that is clear, convincing and

practically free from doubt.” Hilliard v. Hilliard (1992), 255

Mont. 487, 492, 844 P.2d 54, 57. Sitting in equity empowers us to

determine all questions involved in the matter and to do complete

justice, including the power to fashion equitable results. See

Kauffman-Harmon, ¶ 11.

¶12 The District Court held that Rutherford was not entitled to

receive the property, either through a purchase money resulting

trust or constructive trust, because he did not have “clean hands.”

The doctrine of clean hands provides that “[p]arties must not

expect relief in equity, unless they come into court with clean

hands.” See Kauffman-Harmon, ¶ 19 (citing In re Marriage of Burner

(1991), 246 Mont. 394, 397, 803 P.2d 1099, 1100). As the statute

states, “[n]o one can take advantage of his own wrong.” Section 1-

5 3-208, MCA. Accordingly, we will not assist a party whose claim

originated in the party’s wrongdoing, whether the victim of the

wrongdoing is the other party or a third party. See Kauffman-

Harmon, ¶ 19; Murphy v. Redland (1978), 178 Mont. 296, 309, 583

P.2d 1049, 1056.

¶13 Rutherford argues that the unclean hands doctrine does not

apply because he did not need to make an affirmative declaration

that he owned the property to establish a trust. Nevertheless,

Rutherford does claim that he did represent that he owned the

property. Regardless of his disclosures regarding the existence

of the trust, Rutherford misses the point of the unclean hands

doctrine. The issue is not whether a resulting trust requires a

party to affirmatively disclose the existence of a resulting trust.

Instead, the issue is whether Rutherford, as a party seeking

equity, did equity himself in this matter.

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Related

In Re the Marriage of Burner
803 P.2d 1099 (Montana Supreme Court, 1991)
Hilliard v. Hilliard
844 P.2d 54 (Montana Supreme Court, 1992)
Hansen v. 75 Ranch Co.
1998 MT 77 (Montana Supreme Court, 1998)
Kauffman-Harmon v. Kauffman
2001 MT 238 (Montana Supreme Court, 2001)
Murphy v. Redland
583 P.2d 1049 (Montana Supreme Court, 1978)

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2002 MT 137N, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rutherford-v-ultra-shield-mont-2002.