McGuin v. Lee
North Dakota Supreme Court
Appeal from District Court, Pembina County; Sauter, J. Suit by Henry McGuin and wife against Joseph E. Lee and others to have a certain deed construed to' be a mortgage. From a judgment in favor of defendants, plaintiffs appeal. As to Mrs. McGuin the so-called deed must be held to be a mortgage.
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Appeal from District Court, Pembina County; Sauter, J. Suit by Henry McGuin and wife against Joseph E. Lee and others to have a certain deed construed to' be a mortgage. From a judgment in favor of defendants, plaintiffs appeal. As to Mrs. McGuin the so-called deed must be held to be a mortgage. The intent at the time of the delivery of the deed governs. .Where a husband and wife make a conveyance absolute in terms of property belonging to the wife, the husband conducting the negotiation with the grantee, the intent of the wife in delivering the deed governs as to the nature of the…
1Opinion of the CourtMorgan, J.
The principal issue in this case is raised by the allegations of the complaint, stated substantially as follows: That the plaintiffs, husband and wife, made and delivered to LaMoure & Lee, defendants, on March 7, 1894, a warranty deed of two quarter sections of land -in Pembina county, one of such quarters owned by the wife, and the other the homestead of the plaintiffs. That such warranty deed was thus delivered to said defendants as security for certain debts due said defendants and as security for debts due to others, which debts were to be assumed and paid by defendants ; which was not…
2Cases cited10 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Henley v. HotalingCalifornia Supreme Court · 1871
- State ex rel. Green v. Lawrence Bridge Co.Supreme Court of Kansas · 1879
- Wilson v. . ParshallNew York Court of Appeals · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Carter v. CarterNorth Dakota Supreme Court · 1905
- Robar v. EllingsonNorth Dakota Supreme Court · 1981
- Forester v. AukenNorth Dakota Supreme Court · 1903
- Ginter v. GinterNorth Dakota Supreme Court · 1954
20 more not listed; retrieve them via the Exa API.