Hewitt v. Baker

Julius J. Olson, Justice.

This was a suit to have a deed of general warranty executed by plaintiff and wife to defendant Esther H. Baker on November 28, 1932, declared to be a mortgage and for an accounting by the grantee as a mortgagee in possession. The court found for plaintiff. Defendant’s husband, Frank E. Baker, was originally joined and appeared as a party defendant. He died during the litigation. No substitution was made, since his inchoate interest in the property in this litigation terminated upon his death. The appeal by Mrs. Baker is from an order denying her blended motion for…