Nygard v. Hillstead

Wayne A. and Betty L. Hillstead, defendants, appealed from a District Court judgment which directed the parties to the action to sell certain Seeley Lake real property and divide the proceeds equally between them.

Several issues are raised in this appeal, but the dispositive issue is our conclusion that the defendants were denied due process of law because the trial court prematurely terminated the trial without giving the defendants an opportunity to present further testimony and documentary evidence.

A summary of the facts leading to this litigation, as well as a summary of the proceedings in…