DAVIDSON v. D.H. HANSEN RANCH, INC.

No. 88-412.

766 P.2d 258 (1988)

T.M. DAVIDSON, Conservator of the Estate of George Nelson, a/k/a George E. Nelson, Plaintiff and Respondent, v. D.H. HANSEN RANCH, INC., a Montana Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided December 16, 1988.


Attorney(s) appearing for the Case

O'Toole & O'Toole, Loren J. O'Toole, Plentywood, for defendant and appellant.

McIntee & Whisenand, Terry R. Lorenz, Williston, N.D. for plaintiff and respondent.


GULBRANDSON, Justice.

Defendant, as the defaulting purchaser of property under a contract for deed, appeals an order of the District Court of the Fifteenth Judicial District, Sheridan County, awarding the surplus proceeds from a foreclosure sale to the foreclosing plaintiff. We reverse and remand.

The sole issue raised upon appeal is whether the District Court erred in giving the foreclosing party, whose debt had been paid in full, the surplus proceeds from...

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