Livingston v. Ives
Supreme Court of Minnesota
John B. Livingston, of Pittsburgh, Pa., by warranty deed absolute in form, and bearing date May 2, 1874, conveyed to his sister, Mrs. Ruth L. Swift, of St. Peter, Minn., certain real estate in Ramsey county. Livingston died, intestate, January 4, 1877, and Mrs. Swift died'in 1881, having devised the real estate to her daughters, who are defendants in this action.
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John B. Livingston, of Pittsburgh, Pa., by warranty deed absolute in form, and bearing date May 2, 1874, conveyed to his sister, Mrs. Ruth L. Swift, of St. Peter, Minn., certain real estate in Ramsey county. Livingston died, intestate, January 4, 1877, and Mrs. Swift died'in 1881, having devised the real estate to her daughters, who are defendants in this action. On May 2,1884,-the plaintiffs, heirs-at-law of John B. Livingston, brought this action in the district court for Ramsey county, alleging that their ancestor’s deed was made and received, as security merely for a debt he had long owed…
1Opinion of the CourtBebet, J.
The main controversy in this case is as to whether a ■certain deed of real estate, executed by John B. Livingston to Buth L. Swift, was an absolute conveyance, as it purported to be on- its face, or in legal effect a mortgage.’ The complaint alleges that it was given to secure an indebtedness, and is therefore a mortgage, from which it is the object of this action to redeem. The answer (1) denies the allegations of the complaint to the effect that the deed was a mortgage, and (2) avers that it was given in payment of, and not <as security for, an indebtedness.
In the course of the trial…
2Cases cited26 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Brooks v. MartinSupreme Court of the United States · 1864
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Clemens v. ClemensWisconsin Supreme Court · 1871
21 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Newton v. NewtonSupreme Court of Minnesota · 1891
- Teal v. Scandinavian-American BankSupreme Court of Minnesota · 1911
- Marshall v. ThompsonSupreme Court of Minnesota · 1888
- Kath v. KathSupreme Court of Minnesota · 1952
- Finn v. Modern Brotherhood of AmericaSupreme Court of Minnesota · 1912
10 more not listed; retrieve them via the Exa API.