Smith v. Whitener

John Mauzy Pittman, Judge.

Jimmy Smith appeals from an order dismissing his action seeking restitution from appellee Billy Ray Whitener for unjust enrichment. We reverse.

The facts of the case are essentially undisputed. Patricia Birlson owned property in White county that when encumbered with a mortgage in favor of Newport Federal Savings & Loan (Newport Federal). In 1980, Birlson sold all but one acre of the property to appellee. In conjunction with his purchase of the remainder of the property, Whitener assumed the existing mortgage to Newport Federal. Birlson later sold the remaining one…