Harvey v. Brown

TAYLOR, Justice.

Prior to January 29, 1955, plaintiffs (appellants) husband and wife, had owned and operated a “dude ranch” fronting on Hen rys Lake in Fremont County. One, M. F. Rigby, had foreclosed a first mortgage on the real property and January 29, 1955, was the last day of the redemption period.

Plaintiffs allege that on that day plaintiff Harold R. Harvey and defendant (respondent) Lynn D. Weller entered into an oral agreement by the terms of which Weller agreed to redeem the property from the Rigby foreclosure. Weller was the holder of a junior incumbrance on the real property securing…