Windsong Enterprises, Inc. v. Upton

Annabelle Clinton Imber, Justice.

Appellant Windsong Enterprises, Inc., (“Windsong”) is a land developer. On July 10,1997, Windsong purchased a tract of real property in Eden Isle Subdivision at a foreclosure sale in Cleburne County. The property known as Southwinds had previously been owned by Red Apple Enterprises Limited Partnership (“Red Apple Enterprises”), the owner of approximately 48% of the real estate in Eden Isle. Appellee Richard Upton resides in Eden Isle and has a controlling interest in two corporations 1 that acquired Red Apple Enterprises in 1995.

Soon after the foreclosure…