Legal Opinion
Willig v. Dowell
Indiana Court of Appeals
Decided November 22, 1993No. 61A05-9302-CV-39PublishedCited by 11 opinions
1Opinion of the Court
BAKER, Judge.
Today, we decide the propriety of the trial court's recognition of an equitable mortgage in favor of the appellee-plaintiffs William and Dolores Dowell. 2 The appellant-defendants Allan and Naney Willig appeal the decision on the Dowells' action against the Willigs for nonpayment of a residential construction contract.
ISSUES
We consolidate and restate the issues on appeal as:
1. Are the findings of fact clearly erroneous?
2. Did the Dowells make an election of remedies asserting title of Lot 3 to the exclusion of the equitable mortgage award?
8. Did the Dowells act inequitably…
2Cases cited11 opinions
- Indiana Tri-City Plaza Bowl, Inc. v. Estate of GlueckIndiana Court of Appeals · 1981
- Williams v. RogierIndiana Court of Appeals · 1993
- Brenneman Mechanical & Electrical, Inc. v. First National Bank of LogansportIndiana Court of Appeals · 1986
- Sand Creek Country Club, Ltd. v. CSO Architects, Inc.Indiana Court of Appeals · 1991
- Koors v. Great Southwest Fire Insurance Co.Indiana Court of Appeals · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- LeBrun v. ConnerIndiana Court of Appeals · 1998
- Neurological Resources, P.C. v. Anthem InsuranceDistrict Court, S.D. Indiana · 1999
- City of Huntingburg v. Phoenix Natural Resources, Inc.Indiana Court of Appeals · 1993
- Greg Allen Const. Co., Inc. v. EstelleIndiana Court of Appeals · 2002
- Patterson v. GraceIndiana Court of Appeals · 1996
6 more not listed; retrieve them via the Exa API.