Heider v. Dietz

This is an appeal from a decree which denied strict foreclosure of a land sale contract.

The controlling issue is whether the doctrine of equitable conversion applies to the factual situation outlined below.

In 1951, Cecil and Anna Smith sold the land involved in this suit under a title-retaining contract. The original contract purchasers were Albert and Lorraine Valle. Shortly after entering into the contract with the Valles, the Smiths conveyed the same land, by warranty deed, to Otto W. Heider and Callie B. Heider, husband and wife, as tenants by the entirety. The deed does not refer to the…