GOODALE v. BRAY

No. 94-927.

546 N.W.2d 212 (1996)

Dale E. GOODALE and Gertie Goodale, Appellants, v. Genevieve M. BRAY, Dennis J. Bray, Susan Bray, Melvin W. Davis, Myrna J. Davis, Henry M. Halvorson, Marilyn Halvorson, Harold W. Huisman and Karolyn Huisman, Appellees.

Supreme Court of Iowa.

Rehearing Denied May 23, 1996.


Attorney(s) appearing for the Case

Roger L. Sutton of Sutton & Troge Law Office, Charles City, for appellants.

Murray A. Kloberdanz and Vernon E. Kratchmer of Kratchmer & Kloberdanz, Osage, for appellees Genevieve M. Bray, Dennis J. Bray, Susan Bray, Melvin W. Davis, and Henry M. Halvorson.

Richard H. Gross of Gross & McPhail, Osage, for appellees Harold W. Huisman and Karolyn Huisman.

Considered by HARRIS, P.J., and LARSON, LAVORATO, NEUMAN, and SNELL, JJ.


HARRIS, Justice.

Plaintiffs, husband and wife, brought this action to set aside the forfeiture of a real estate contract. Plaintiff husband alone was the contract purchaser of farmland and was the only one served with notice of forfeiture. As a spouse claiming to share in possession of the tract in question, the purchaser's wife alleges she was also entitled to notice of forfeiture. The district court, after finding she was not in possession, rejected the claim and...

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