Fisk v. Stewart
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Ramsey county, on September 20, 1875, praying that a certain conveyance made by them to the defendant on January 15, 1J62, might be decreed to be a mortgage, that defendant account for the rents and profits of the premises so conveyed which the defendant had received while in possession, and for all moneys received from sales made by him, and that the defendant pay to the plaintiffs the balance of such moneys after…
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Plaintiffs brought this action in the district court for Ramsey county, on September 20, 1875, praying that a certain conveyance made by them to the defendant on January 15, 1J62, might be decreed to be a mortgage, that defendant account for the rents and profits of the premises so conveyed which the defendant had received while in possession, and for all moneys received from sales made by him, and that the defendant pay to the plaintiffs the balance of such moneys after payment of the mortgage debt, and reconvey the premises to them. An appeal to this court from an order overruling a…
1Opinion of the CourtCornell, J.
This action was decided in the court below, upon the point that the plaintiffs’ right of action had become barred by the statute; and if the point is well taken, it disposes of the case. Without considering and definitely determining the nature of the transaction between the parties, as disclosed by the findings, but viewing it in the light presented, by plaintiffs as the one most favorable for them, as a loan of money made by defendant upon the premises in controversy, the legal title to which was vested in him, at the time, for the purpose of securing the repayment of the loan, the right of…
2Cases cited4 opinions
- Morgan v. MorganSupreme Court of Georgia · 1851
- Holton v. MeighenSupreme Court of Minnesota · 1870
- Parsons v. NoggleSupreme Court of Minnesota · 1877
- King v. MeighenSupreme Court of Minnesota · 1873
3Cited by3 opinions
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Stall v. JonesNebraska Supreme Court · 1896
- Livingston v. IvesSupreme Court of Minnesota · 1886