WORSTELL v. DEVINE

No. 9775.

335 P.2d 305 (1959)

Richard A. WORSTELL and Wilda Ann Worstell, Plaintiffs and Respondents, v. K.M. DEVINE, Defendant and Appellant.

Supreme Court of Montana.

February 11, 1959.


Attorney(s) appearing for the Case

Richard B. Conklin, Great Falls, for appellant.

Richard B. Conklin, Great Falls, argued orally for appellant.

William F. Browning, Orville Gray, Great Falls, for respondents.

William F. Browning and Orville Gray, Great Falls, argued orally for respondents.


CASTLES, Justice.

This is an appeal from an order denying a motion to set aside a default judgment under the provisions of R.C.M. 1947, § 93-3905.

On May 15, 1956, respondents, plaintiffs below, filed a complaint to foreclose a contract for the sale of real property. Prior to the filing of the complaint, it appears from an Exhibit attached to the complaint that a notice was given by the respondents to the appellant, defendant below, on April 11, 1956...

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