Shuey v. Hamilton

HONORABLE PHILIP C. DUNCAN,

District Judge, sitting in place of MR. JUSTICE DOYLE delivered the Opinion of the Court.

This action was brought by plaintiff to quiet title and recover possession of certain real property in Sanders County sold by plaintiff to defendants under a contract for installment payments.

The complaint filed January 8, 1962, among other things, alleges the making of the contract on October 26, 1955, attaching a copy as a part thereof; that on November 15, 1961, the defendants were in default for failure to pay three annual installments on the principal of $1,000 each and…