Holliday v. Arthur
Supreme Court of Iowa
Appeal from Fayette District Court. The decree of the District Court in this cause was affirmed at the June Term, 1867, of this court. A rehearing was ordered upon the petition of the appellant and the cause again submitted at the June Term, 1868.
1Opinion of the CourtBeck, J.
moktsase: absolute conveyauce. After a careful reconsideration of the evidence disclosed by the record, and the law of the case, we are of the opinion that plaintiff is entitled * x to the relief given him by the decree. The evidence, though conflicting, satisfactorily sustains the plaintiff’s claim that the conveyances, though absolute in form, were really executed to secure advances made by defendant. They, of course, will be considered, in equity, as mortgages, from which plaintiff may redeem the property conveyed therein, by payment of the sums advanced with interest.
*20It is claimed upon…
2Cited by1 opinion
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