Baxter v. Pritchard
Supreme Court of Iowa
Appeal from Ida District Court. — HoN. S. M. Elwood, Judge. The plaintiff is a judgment creditor of the defendant John E. Pritchard. In January, 1897, John E. Pritchard conveyed certain lands by warranty deed to his codefendant, Wm. C. Pritchard. This is a suit in equity ashing that such conveyance be decreed a mortgage only, and that the plaintiff be permitted to redeem therefrom. There was a trial, and a judgment for the defendants. The plaintiff appeals.'
1Opinion of the CourtSherwiN, J.
-At the time this conveyance was made the land was incumbered for all or more than its market value. There were two mortgages on the land, and a judgment against John E. Pritchard which was a lien thereon. The *591deed to Win. 0. Pritcliard was in fact given as security against possible future liability on account of the grantor, but in terms it was an .absolute deed, and vested in the grantee the legal title to the land. Richards v. Crawford, 50 Iowa, 496. No other writing was executed by them, and the vendor’s right of redemption, therefore, rested in parol. The evidence is quite conclusive…
2Cases cited2 opinions
- Haggerty v. BrowerSupreme Court of Iowa · 1898
- Vennum v. BabcockSupreme Court of Iowa · 1862
3Cited by4 opinions
- Wright v. WrightTexas Supreme Court · 1939
- Tansil v. McCumberSupreme Court of Iowa · 1925
- Collier v. SmaltzSupreme Court of Iowa · 1910
- Sears v. GilmanMassachusetts Supreme Judicial Court · 1908