Lundeen v. Nyborg

Lhes, C.

This action was brought to have a deed declared a mortgage, to determine the amount due on the mortgage, and to restrain the defendants from depriving plaintiffs of the possession of the property mortgaged. The court found that the deed was not a mortgage, denied plaintiffs’ motion for a new; trial, and this appeal followed. The sole question is whether the finding mentioned can be sustained.

Ruben Lundeen, hereafter designated as plaintiff, had advanced some money to his mother. It was agreed that a lot in the city of Minneapolis, which she owned, should be taken in repayment of the…