Estate of Brewer v. Iota Delta Chapter, Tau Kappa Epsilon Fraternity, Inc.

Plaintiff, The Estate of Gail S. Brewer, Sr., seeks review of a decision of the Court of Appeals that the mortgagee of a vendee’s interest had rights in the property that were not extinguished when the vendee abandoned its interest in the property. We reverse.

The essential facts are not in dispute. On April 28, 1965, Gail and Mildred Brewer, husband and wife, sold the subject property by land sale contract to Eleanor Johnson and Lydia Nissen. The sale price was $17,600 with a down payment of $3,000. Mrs. Brewer died before being further involved. In April, 1972, Nissen acquired Johnson’s…