Estate of Hutchins v. Fargo

Selmar Hutchins held the vendor’s interest in property in which Michael Fargo held the vendee’s interest. Fargo then sold the property to appellant Max Mills, who did not maintain the required payments. After Hutchins’s death, his estate obtained a judgment of foreclosure against Fargo and 10 “John Does.” Mills subsequently moved for an order vacating that judgment. The trial court dismissed his motion on the ground that he “did not have standing to assert the issues he has raised.” We reverse and remand.

Most of the facts are uncontested; for the purposes of this opinion we accept the trial…