Wilson v. Giem

Maud Grace Giem sued J. P. Wilson and C. C. Lane to have a deed to certain lands, absolute on its face, with an option to purchase the property, declared to be a mortgage. The cause was tried to the court; judgment was for plaintiff against Wilson on all issues; the case was dismissed as to Lane. Wilson assigns error and asks for a supersedeas. We refer to Giem as plaintiff and to Wilson as defendant, as in the trial court.

Bills in equity for the purpose of having deeds absolute on their face declared to be mortgages in effect, are common. They are sanctioned by our Code of Civil Procedure…