The plaintiff moved under Rule 49.09 to enforce Minutes of Settlement signed at a pre-trial conference in a land ownership dispute over a disputed parcel described as a cattle path.
The defendants conceded a binding agreement existed but argued it should not be enforced because of alleged duress, mistake about the land to be conveyed, and misunderstanding as to finality.
The court rejected the allegations of duress and mistake, found the defendants were represented by independent counsel and later experienced buyer's remorse, and held the settlement was reasonable and would not work an injustice.
A final order was directed to issue on the Minutes of Settlement, and the defendants were ordered to remove vehicles or chattels from the parcel within seven days.
