Williams v. Kimes

WILLIAM RAY PRICE, Jr., Chief Justice.

This is the third occasion we have written on this case. Originating as a quiet title lawsuit, we now hold that the purchasers at a void foreclosure sale are entitled to recoup their purchase money with payment secured by an equitable- lien on the property. All other issues are barred either by a failure to preserve those issues for appeal or by the doctrine of the law of the case.

I

Aubra Robert Wrather’s will devised 72 acres to his daughter “Reba Wrather La-Font, and her bodily heirs, in fee simple.” While Wrather’s estate was being probated, the estate…