Dustin v. Beckstrand

SHEPARD, Justice.

This is an appeal from an order denying a motion to vacate a judgment. We affirm in part, reverse in part and remand.

The genesis of this action arose in 1977 when defendants sold to plaintiff a farm and personal property at a price of $150,000. As a part of that sale, defendants were required to turn over to plaintiff a number of shares in the Big Wood Canal Company representing water appurtenant to the land. A quarrel broke out almost immediately between the parties, resulting from defendants’ refusal to turn over certain of the personal property and defendants’ attempts to…