Heartland Federal Savings & Loan Ass'n v. Camp

OPINION

HUNTER, Presiding Judge.

Ann Leavitt is the trustee of two trusts. In 1990, Leavitt and David Upchurch attempted to sell the Quick Change Oil Company and the real estate upon which it was located to Appellee Leonard L. Camp.. Leavitt owned the real estate in trust as well as an interest in the improvements upon the real estate. Upchurch owned the remaining interests in the improvements.

The sale was thwarted because Leavitt and Upchurch could not convey clear title to Camp. The real estate and improvements were burdened by several liens incurred by Upchurch, including a judgment lien in…