Hausmann v. Hausmann

596 N.E.2d 216 (1992)

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Nature of the Case

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Facts

Charles (P) filed suit against his uncle George (D) on grounds of waste in that D failed to pay the real estate taxes due on his life estate on property that P had a remainder interest in. P asked for a declaration of rights, an order directing future payments and reimbursement for his payment of the taxes. P alleged that D's failure was intentional as part of scheme to have D's stepson purchase the property at tax sale. D filed a counterclaim alleging that P had not repaid a loan of $5,000 on an unwritten agreement. D also claimed that P owed him additional monies for rental and storage of personal property on the land in issue. D got the life estate on the property and proposed a plan to P to purchase P's interest in the property by putting money in escrow and then allowing the land to pass through a tax sale. P refused and then D acting on advice of his attorney did not pay the real estate taxes. The premises were subjected to tax sale, and prior to the sale, D's 19-year-old stepson arranged to purchase the premises at the sale. This was done by a shill, a secretary at the firm of D's lawyer. D sent P a letter terminating his use of the premises and demanding $5 per day rental for P's personal property thereon. P then redeemed the premises for $893.18. P got the verdicts of $1,671.20 and interest on count I and $7,500 in punitive damages on count II. The court then found for D on his $5,000 loan claim but not for the rental claim. P appealed; the $5,000 verdict was against the weight of the evidence and for the trial court's failure to enter the injunction. D cross-appealed on all issues.