Burgess v. Shiplet

This contract dispute is appealed to this Court from the Sixth Judicial District, Park County. Ronald Burgess, John Lake and Nick Mallas appeal the judgment of the District Court which treated purchase of land from appellants, under a contract for deed, as a mortgage. The appellants also allege error by the court in failing to award them reasonable attorney fees and damages.

We reverse and remand to the District Court.

The issues presented are as follows:

1. Did the District Court err in treating a contract for deed as an equitable mortgage?

2. Is the anti-forfeiture statute, Section 28-1-104,…