In this appeal, defendants question the propriety of the grant of a preliminary injunction. Finding that the injunction was properly issued to preserve the status quo,1 we affirm. Sherry Adams “Sherry” and her ex-husband, Tommy Adams “Tommy”, were joint owners of real property in Forsyth County. After a car wreck in 2005, Sherry was seriously incapacitated and her parents, Arthur and Laverne Keys, began acting on her behalf. In June 2006 Washington Mutual, which held a security deed on the Adams’ property, initiated foreclosure proceedings. Tim Smith, who is related to Sherry by marriage, satisfied the security deed by paying Washington Mutual the sum of $104,589.37. He also acquired a warranty deed from Tommy.
In November 2008 Smith filed a petition in the superior court in which he sought equitable relief. He alleged that on the eve of foreclosure, the Keys contacted him and asked for his help; that the Keys informed him that the probate court would be appointing them to be Sherry’s guardians; that he and the Keys agreed that he would pay off the balance due on the Adams’ loan to satisfy the security deed; that he would then sell the property; and that, after reimbursing himself, he and Sherry would share the proceeds equally. He also alleged that, relying on this understanding, he satisfied the security deed and accepted a deed from Tommy transferring his one-half undivided interest to him; that the probate court did, in fact, appoint the Keys as guardians of Sherry, but the Keys failed and refused to transfer Sherry’s interest in the property to him or to cooperate with him in selling the property; that with the exception of a partial payment of property taxes, the Keys failed and refused to pay expenses incurred on the property; and that he bore the costs of expenses and repairs in the amount of $15,721.26. Based on these allegations, Smith sought the equitable partition of the property, the statutory partition of the property, the appointment of a receiver, an equitable accounting, and a constructive trust. Sherry filed an answer, by and through the Keys as her guardians, denying the material allegations of the petition and asserting the matter should be referred to the probate court.
