Lindberg v. Pence View Farming Co.

The opinion of the court was delivered by

Hutchison, J.:

This is an action to have a deed with an option contract to repurchase construed as a mortgage. Copies of the deed and the option contract were attached to the petition as exhibits. The trial court heard oral evidence and made findings of fact and conclusions of law in favor of the defendant, and plaintiff appeals *139to this court assigning error in the findings, conclusions and rulings of the trial court.

The deed was a general warranty deed in the usual form, dated December 31, 1930, between E. Florian Lindberg and Dorothy F. Lindberg (his…