Ditto, Et Ux. v. Bank of Gillette

Kimball, Justice.

This is an action to have a deed declared a mortgage.

Until May 5, 1925, the plaintiffs, Samuel D. Ditto and wife, were the owners of 1,160 acres of land on which there were two mortgages. The first mortgage, held by the Denver Joint Stock Land Bank, hereinafter called the “land bank,” was a so-called amortization mortgage for about $7,500, on which, on the above mentioned date, there was past due the sum of $861. The second mortgage, held by the defendant, was in the ordinary form, with power of sale, and secured a debt of $3,600 and interest which., on said date, amounted to…