Jett & Wood Mercantile Co. v. Koeneke

The opinion of the court was delivered by

Thiele, J.:

This was an action to have a certain deed executed by third parties declared to be a mortgage, to recover possession of the described real estate and damages for the detention thereof.

On October 25, 1928, one E. R. Hymer and wife had delivered to the Citizens State Bank of Belle Plaine their note for $2,000, secured by a mortgage on the real estate in controversy. Mrs. Hymer passed away before her husband, who died in April, 1931, at which time the taxes on the real estate were in arrears for the year 1929 and thereafter. Interest on the…