fraud. Ferguson v. Owens, 9 Ohio St.3d 223, 459 N.E.2d 1293, 1295 (1984). A judgment imposing a constructive trust over a specified property is an in personam action under Ohio law, and the court need not have in rem jurisdiction to enter the judgment. Groza-Vance v. Vance, 162 Ohio App.3d 510, 834 N.E.2d 15, 25-26 (2005); see also Ingersoll v. Coram, 211 U.S. 335, 359, 29 S.Ct. 92, 53 L.Ed. 208 (1908) (“One object of the bill ... was to declare and foreclose a lien upon property within the district, ... and we do not think that jurisdiction thus established [in federal court] and supported was taken away by the mere fact that the settlement of the estate of Davis was pending in the Probate Court of Suffolk County.”); Parker v. Handy (In re Handy), 624 F.3d 19, 22 (1st Cir.2010) (<HOLDING>) (citing Yavuz v. 61 MM, Ltd., 576 F.3d 1166,
holding that dismissal is proper for a derivative cause of action but not for a direct cause of action recognizing the cause of action holding that under maine law constructive trusts are not substantive rights that confer a cause of action they are remedial devices employed by courts once liability is found and where equity requires and therefore do not transform a case seeking that remedy into a cause of action in rem recognizing cause of action recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists