Warren v. Whitehall Income Fund 86

OPINION

HOWARD, Presiding Judge.

This is an appeal from the granting of summary judgment against appellants in an action to renew a judgment and compel appellees to convey the property to appel lants. The basic issue in this case is whether appellee Whitehall Income Fund 86 (Whitehall) was holding the land for appellants as a constructive trustee and if so, whether Whitehall could acquire the land in derogation of the rights of its beneficiaries.

The record shows that on April 15, 1971, the Brockbanks and others agreed to buy from Beatrice P. Padilla the property of which the subject property is…