This section contains the nature of the case and procedural background.

Middlebrooks (P) filed a complaint against W. L. Lonas and Elvira Lonas (Ds), her parents, alleging that, in reliance on their promise to repay, she had loaned them $25,000 which they had since used to build a home on land which they owned, that they now refused to repay said loan. P sought a constructive trust based on fraud and as such P sought a constructive trust. P further alleged that damages would be an inadequate remedy as Ds have pledged, mortgaged and borrowed money upon the land . . . as well as all improvements thereon.' Ds moved for summary judgment on the ground that P's complaint failed to state a claim upon which equitable relief could be granted. The trial court granted the motion and P appealed.

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