Hess v. Hess

The opinion of the court was delivered by

Hoch, J.:

Appellant contends that the trial court erred in construing as a mortgage a certain instrument which was in form a warranty deed. The action was to quiet title, and was between the original parties named in the instrument. The appeal is from an order overruling the defendant’s demurrer to the plaintiffs’ evidence.

In their petition, the plaintiffs, Karl Hess and Eva Hess, his wife, alleged that the property involved, a residence property in Douglas county, had an approximate value of $4,000; that at the time they *140purchased it in 1924, there was…