Cookes v. Culbertson
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. This was an action for an accounting of the rents and. profits of certain real estate in the town of Reno, Washoe County, held by defendant under a deed absolute upon its face but claimed to be a mortgage, and for a decree that plaintiff might redeem the same.
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Appeal from the District Court of the Second Judicial District, Washoe County. This was an action for an accounting of the rents and. profits of certain real estate in the town of Reno, Washoe County, held by defendant under a deed absolute upon its face but claimed to be a mortgage, and for a decree that plaintiff might redeem the same. There were findings and decree in favor of the plaintiff; and, among other things, that defendant had received payment, in the way of rents and profits, of his debt and of all the incidental expenses which should be allowed him, such as taxes and necessary…
1Opinion of the Court
By the Court,
Belknap, J.:
This action is brought for equitable relief and an accounting of the rents and profits of certain real property conveyed to defendant by deed, absolute upon -its face, but which complainant alleges was intended as a mortgage. In the year 1868 the complainant was the lessee of an unimproved town lot in Reno. He erected buildings thereon of the value of $2,000, retaining the right to remove them in *204case of his failure to purchase the lot for $1,750 before the expiration of his lease. The lease and. privilege of purchase would have expired July 20, 1870’. Two days prior…
2Cases cited4 opinions
- Lord v. MorrisCalifornia Supreme Court · 1861
- White v. SheldonNevada Supreme Court · 1868
- Henry v. Confidence Gold & Silver Mining Co.Nevada Supreme Court · 1865
- Mackie v. LansingNevada Supreme Court · 1866
3Cited by7 opinions
- Criss v. CrissWest Virginia Supreme Court · 1886
- El Ranco, Inc. v. NEW YORK MEAT AND PROVISION CO.Nevada Supreme Court · 1972
- Shoecraft v. BeardNevada Supreme Court · 1888
- Emmons v. HawkWest Virginia Supreme Court · 1907
- Fox v. BernardNevada Supreme Court · 1906
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