Worstell v. Devine

MR. JUSTICE CASTLES:

This is an appeal from an order denying a motion to set aside a default judgment under the provisions of R.C.M. 1947, sec; 93-3905.

On May 15, 1956, respondents, plaintiffs below, filed a complaint to foreclose a contract for the sale of real property. Prior to the filing of the complaint, it appears from an Exhibit attached to the complaint that a notice was given by the respondents to the appellant, defendant below, on April 11, 1956, that she was in arrears under the contract and unless such indebtedness was paid her contract was forfeit. The summons and copy of the…