Biesecker v. Biesecker

EAGLES, Judge.

In her fourth defense and second counterclaim, at paragraph five, defendant set out several reasons supporting her request for rescission of the 17 May 1976 deed or imposition of a constructive trust. While we hold that defendant’s arguments do not present a valid basis for rescission of the deed, or for imposition of a constructive trust, we must still hold that the trial court improperly granted plaintiffs summary judgment motion. Defendant’s answer alleged facts which, if proven, could support a finding of unjust enrichment, allowing imposition of an equitable lien in favor…