D. E. Wasaff v. Ann Lorehn Lipscomb

This is an appeal from an order granting a temporary injunction enjoining a trustee's sale of a 19.414 acre tract of land. While appellants assign some thirteen points of error, the controlling issue is whether the trial court abused its discretion in granting the injunction based upon the documentary and other evidence before him. We find he did and reverse. None of the facts are disputed. Edmond L. Lorehn and wife, Dorothy, are the parents of six children: Ann, Korel, Jhonna, David, Elizabeth and Linda. In 1966 the parents, by general warranty deed, transferred some 57.67 acres to Olle J. Lorehn in trust ""according to the terms and conditions of that certain Trust Indenture of even date."" Appellant maintains there was, in fact, never such a trust indenture. (At any rate, such a trust indenture was not before the trial court and is not a part of the appellate record.) Subsequently, in October, 1967, Olle Lorehn, as trustee, sold two tracts of the original acreage totaling slightly over 38 acres, leaving the 19.414 acres involved in this controversy.