Erickson v. Hart

Dale P. Hart appeals an order of the Fourth Judicial District, Missoula County, granting possession of real property to plaintiffs Allen and Melba Erickson during the pendency of this action. We reverse and remand.

One issue is presented for our review:

Did the District Court abuse its discretion when it transferred real property to plaintiffs by injunction or restraining order?

In November 1985 defendant Dale P. Hart assumed the Terrace Mobile Home contract for deed by assignment. The contract required that Hart make monthly payments of $1541.44 to the sellers, Allen and Melba Erickson. Hart…