Goodale v. Bray

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 we agree. 1

In 1988 plaintiff Dale Goodale contracted to purchase an unimproved forty-acre tract in Mitchell County from defendants…