Where a fiduciary uses mixed trust and personal funds to acquire property and the respective contributions can be distinguished, the constructive trust is limited to the proportionate contribution of the trust funds; the court will not declare a trust over the whole property merely because the fiduciary could not have acquired it without the trust funds, unless that causal case was pleaded and litigated. A money judgment quantified by reference to a plaintiff's liability to a third party is inappropriate where the plaintiff continues to deny that liability in separate proceedings; an indemnity order is the proper form of relief.
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