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U.S. v. ONE PARCEL OF PROPERTY, TRACTS 10 & 11 OF LAKEVIEW HEIGHTS, TX.

No. 94-1459.

51 F.3d 117 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. ONE PARCEL OF PROPERTY LOCATED AT TRACTS 10 AND 11 OF LAKEVIEW HEIGHTS, CANYON LAKE, COMAL COUNTY, TEXAS, with all appurtenances and improvements thereon; One Parcel of Property located at Tract 12 of Lakeview Heights, Canyon Lake, Comal County, Texas, with all appurtenances and improvements thereon; One Parcel of Property commencing with the SE Corner Government Lot 1, Section 203430, N 1693 Feet N 80 Degrees, W 116 Feet to the beginning, N 80 Degrees W 200 Feet, N 348 Feet, Easterly Along the Shore 200 Feet S 348 Feet to the beginning, Door County, Washington Island, Wisconsin, with all appurtenances and improvements thereon, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 17, 1995.

Attorney(s) appearing for the Case

Richard Johnson, Sioux Falls, SD, argued, for appellants.

LeAnn Larson Finke LaFave, Sioux Falls, SD, argued, for appellee.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LOKEN, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Carl and Ingrid Johnson appeal the district court's denial of their motion to set aside the default judgment and decree of forfeiture of real estate purchased and owned by their son, Bruce Johnson. The district court1 held that the Johnsons2 did not have standing to contest the forfeiture because they had no ownership interest in the property. The Johnsons argue that they...

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