Vennum v. Babcock
Supreme Court of Iowa
Appeal from Fayette District Court. The material facts are stated in the opinion of the court. 1. The common law doctrine that a deed absolute on its face can be shown to be, but a mortgage, is not applicable to our statute. Code, sec. 2217; McOrea v. Parmort, 16 Wend., 460 and 476; Morris v. Nixon, 1 How., 118. 2. The facts alleged and proved do not show that either of these deeds are mortgages. Davis v. Stevens, 3 Iowa, 158; The State of Iowa, ex rel.
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Appeal from Fayette District Court. The material facts are stated in the opinion of the court. 1. The common law doctrine that a deed absolute on its face can be shown to be, but a mortgage, is not applicable to our statute. Code, sec. 2217; McOrea v. Parmort, 16 Wend., 460 and 476; Morris v. Nixon, 1 How., 118. 2. The facts alleged and proved do not show that either of these deeds are mortgages. Davis v. Stevens, 3 Iowa, 158; The State of Iowa, ex rel. The Attorney General, v. Tilghman, 6 Id., 496; Thomas v. McCormack, 9 Dana, 108; 2 Hawks, 423 ; 4 Ird. Eq., 221; 2 Id., 560; 8 Paige, 243; 18…
1Opinion of the CourtBaldwin, C. J.
This cause, as appears from the record, was submitted to the court upon the bill and answer, and the .question for our consideration is, whether, independently of the denials in the answer, there is sufficient admitted to justify the court belowin rendering a decree for the plaintiff.
It appears that Babcock, the respondent, loaned to *196plaintiff a certain sum of money, and as security therefor, the complainant executed to said Babcock, a deed absolute upon its face, for certain real estate. Babcock, however, gave to the complainant a bond, agreeing to reconvey, upon the payment of the money…
2Cases cited1 opinion
- Collins v. VandeverSupreme Court of Iowa · 1855
3Cited by6 opinions
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- Wilson v. CarpenterIndiana Supreme Court · 1878
- Baxter v. PritchardSupreme Court of Iowa · 1904
- Caruthers' Administrator v. HuntSupreme Court of Iowa · 1865
- McGehee v. GarringerSupreme Court of Missouri · 1920
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