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

Plaintiff brought this action to quiet title to real property consisting of a house and lot which plaintiffs decedent previously had sold on a land sale contract to defendant Iota Delta Chapter, Tau Kappa Epsilon Fraternity, Inc. (Chapter). Defendant TKE House Fund, Inc. (House Fund) counterclaimed, contending that, as the holder of an equitable mortgage on the vendee’s interest in the property, it is entitled either to judicial foreclosure of that lien or to specific performance of the land sale contract between plaintiffs decedent and Chapter.1 The trial court granted plaintiffs motion for…