Thornley Land & Livestock Co. v. Gailey

LARSON, Justice.

Plaintiff filed suit in the district Court of Davis County to-have a certain quitclaim deed executed by it declared a mortgage, asking an accounting, and offering to pay such sum as the accounting showed still due and owing to defendants. At the close of plaintiff’s case, the court granted a non-suit, and dismissed the action. Plaintiff appeals.

In 1936, plaintiff was the owner of the lands in question, subject to certain mortgages originally given to persons not here involved. Defendant Gailey became the owner of such, notes and mortgages. October 24, 1936, plaintiff executed…