Thiel v. Stradley

BAKES, Chief Justice.

This is an appeal from a district court order denying appellant Don Stradley’s motion to “withdraw and/or dismiss” a default judgment.

In February of 1981, Don and Dora Stradley purchased a parcel of real property and a mobile home from Troy Thiel and his wife, Nancy Basler (respondents), pursuant to an escrowed agreement of sale. The Stradleys became delinquent on the payments, and respondents caused the bank to serve a notice of default.

In September of 1986, respondents filed a complaint in district court seeking a foreclosure on the real and personal property in the…