Vigars v. Hewins

1. Mortgages: equitable mortgage by advancing purchase price. Plaintiffs bring this suit in equity, to foreclose a contract for the sale of real estate. The question presented does not involve the right of plaintiffs to the relief prayed, but arises upon a controversy between defendants and cross-petitioners. The material facts, briefly stated, are that, on November 14, 1915, the defendant John 1?. Hewins paid plaintiffs the sum of $10, on an oral agreement that plaintiffs would, upon the payment of $500, execute and deliver to him a contract for the sale of certain real estate in Sioux City.…