The applicants obtained a $1.5 million judgment against the respondent and sought to enforce a $350,000 mortgage he had placed on a property to secure the debt.
The respondent held the property as an estate trustee for his mother's estate, with himself and his two brothers as equal beneficiaries.
One brother brought a counter-application claiming sole ownership of the property based on an oral agreement with their late mother.
The court dismissed the counter-application, finding the oral agreement void under the Statute of Frauds and that the property interests had vested in the three brothers.
The court held the mortgage was valid but only enforceable against the respondent's one-third interest in the property, and granted the applicants the right to seek partition and sale.
