Gogarn v. Connors
Michigan Supreme Court
Appeal from Marquette; Flannigan, J. Bill by Charles A. Gogarn and another against Thomas Connors for an accounting and to redeem from a deed absolute on its face, but alleged to have been given as security only. From a decree for defendant, complainants appeal. Complainant Gogarn in 1908 was in debt to defendant and wanted an advancement of money. Complainant owned 40 acres of land, described in the pleadings.
Read the full summary
Appeal from Marquette; Flannigan, J. Bill by Charles A. Gogarn and another against Thomas Connors for an accounting and to redeem from a deed absolute on its face, but alleged to have been given as security only. From a decree for defendant, complainants appeal. Complainant Gogarn in 1908 was in debt to defendant and wanted an advancement of money. Complainant owned 40 acres of land, described in the pleadings. Defendant furnished the money asked for, and complainant deeded him the land by warranty deed. As a part of the transaction they executed a written agreement, which recited the debt…
1Opinion of the CourtOstrander, J.
(after stating the facts). The decree must be affirmed. The transaction — the deed and agreement — did not constitute a mortgage. Complainant had the right of election to pay or not to pay the debt, to refund or to keep the money. The remedies of the parties, were not mutual or reciprocal. The transaction must be treated as an absolute conveyance of the land with an option to- repurchase. Swetland v. Swetland, 3 Mich. 482; Emerson v. Atwater, 7 Mich. 12; Cornell v. Hall, 22 Mich. 377; Stahl v. Dehn, 72 Mich. 645 (40 N. W. 922) ; Reed v. Bond, 96 Mich. 134 (55 N. W. 619) ; Blumberg v. Beekman,…
2Cases cited7 opinions
- Emerson v. AtwaterMichigan Supreme Court · 1859
- Cornell v. HallMichigan Supreme Court · 1871
- Swetland v. SwetlandMichigan Supreme Court · 1855
- Reed v. BondMichigan Supreme Court · 1893
- Stahl v. DehnMichigan Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hoyt v. Union National Bank of WichitaSupreme Court of Kansas · 1924
- McMurry v. MercerCourt of Appeals of Texas · 1934
- Sauer v. FischerMichigan Supreme Court · 1929
- Winkelmann v. LuebbeNebraska Supreme Court · 1949