First State Bank of Grace City v. McGrath

Tbis is an action to have an instrument, in form a warranty deed, adjudged a' mortgage and for a foreclosure thereof.

Tbe complaint alleges and tbe court found that tbe defendant Owen-son executed a warranty deed, without a named grantee, conveying lot 8, block 11, in tbe town of Grace City, and ■ delivered tbe instrument to tbe plaintiff, on or about July 28, 1918; that it was delivered under a special agreement of tbe same date. Tbis agreement is made a part of tbe complaint. Tbe parties to tbe special agreement are defendants Owenson and McGrath. It is recited therein that whereas there are…