Rogers v. Davis
Supreme Court of Iowa
Appeal from Shelby District Court. — Hon. H. E. Deemer, Judge. This is a suit in equity, which involves the ownership of a farm of two hundred acres in Shelby county. The plaintiff claims that he is the real owner, and that the defendants hold certain deeds which are in the form of conveyances of the title, but that the same, in truth and fact, amount to a mortgage, and he seeks by this action to redeem the land from the mortgage lien.
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Appeal from Shelby District Court. — Hon. H. E. Deemer, Judge. This is a suit in equity, which involves the ownership of a farm of two hundred acres in Shelby county. The plaintiff claims that he is the real owner, and that the defendants hold certain deeds which are in the form of conveyances of the title, but that the same, in truth and fact, amount to a mortgage, and he seeks by this action to redeem the land from the mortgage lien. The defendant denies that he is a mortgagee, and asserts that he is the absolute owner, in fee simple. There was a full hearing on the merits, and a decree…
1Opinion of the CourtRothrock, J.
It appears that in the year 1878 the plaintiff purchased the land in controversy from one Langton, and agreed to pay three thousand dollars therefor. He made no cash payment, but took a bond for a deed. The land was unbroken and unimproved prairie. Plaintiff took possession of it at once, and broke up and partially fenced the land, erected a dwelling house and other buildings, and planted fruit and forest trees. The purchase money bore interest at the rate of ten per cent per annum; and in 1883 Langton foreclosed the bond for a deed, and the land was sold to him upon special execution for the…
2Cited by16 opinions
- Fort v. ColbySupreme Court of Iowa · 1913
- Bigler v. JackSupreme Court of Iowa · 1901
- Keeline v. ClarkSupreme Court of Iowa · 1906
- Haggerty v. BrowerSupreme Court of Iowa · 1898
- Jones v. GillettSupreme Court of Iowa · 1908
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