Lifemark Corp. v. Merritt

OPINION

CANNON, Justice.

This is an appeal from a refusal by the trial court to order a post-judgment turnover by the appellees of their residence and homestead in satisfaction of a default judgment on a $20,000.00 promissory note. In an application for turnover of assets pursuant to Tex.Rev.Civ.Stat.Ann. art. 3827a (Vernon Supp.1982-1983), appellant alleged that it held a purchase money lien on the appellees’ El Paso home, and alternatively that a resulting or constructive trust was created for the benefit of the appellant. The court below refused to hold that appellant held a purchase money…