Allen v. National Bank of Newport

OPINION

FRANKS, Judge.

The principal issue on appeal is whether the Chancellor erred in refusing to impress a constructive trust on property owned by defendants Matthews.

Plaintiff inherited a family farm in Cocke County, and upon making renovations executed Deeds of Trust on the farm to the National Bank of Newport to secure plaintiff’s debts. The Notes came due on July 20, 1979. Plaintiff defaulted, hired an attorney, and made an unsuccessful attempt to enjoin a foreclosure. Defendants Howard and Drema Matthews had raised chickens and farmed tobacco on the property for a number of years at the…