Albers v. Nelson

The opinion of the court was delivered by

Herd, J.:

This is an ejectment action. Plaintiffs Lorraine Albers and Ralph Luther seek to recover possession of real estate sold to them by defendants Loring and Rosemary Nelson. The Nelsons resist, contending the sale agreement was intended as an equitable mortgage, and assert the contract is void based upon fraud and usury. The district court granted summary judgment to Albers and Luther, finding that the contract was clear and unambiguous, that fraud was improperly pled, that there was insufficient evidence to support a claim of fraud, and that the…