Hill v. Edwards
Supreme Court of Minnesota
This action was commenced in tbe District Court for Le Sueur county. The allegations of the complaint are substantially as follows: That on tbe 5th day of August, 1858, tbe defendant then being seized in fee simple and possessed of certain lands, (described in tbe complaint) executed a full warranty deed conveying such lands in fee simple to one Robert Bunker, in consideration of the sum of $1000, wbicb deed was duly recorded tbe same day.
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This action was commenced in tbe District Court for Le Sueur county. The allegations of the complaint are substantially as follows: That on tbe 5th day of August, 1858, tbe defendant then being seized in fee simple and possessed of certain lands, (described in tbe complaint) executed a full warranty deed conveying such lands in fee simple to one Robert Bunker, in consideration of the sum of $1000, wbicb deed was duly recorded tbe same day. On tbe same day Bunker executed a bond, of that date, to tbe defendant, in tbe usual form, tbe condition of wbicb is as follows: viz: “That if tbe said…
1Opinion of the Court
By the Cowrt
McMillan, J.
As to what constitutes a mortgage, the law is so well settled as to obviate any necessity of discussing the question. The particular form of words of the conveyance are unimportant; and it may be laid down as a general rule, subject to few exceptions, that whenever a conveyance, or assignment, or other instrument transferring an estate, is originally intended between the parties as a security for money, whether this intention appear from the same instrument, or from any other, it is always considered in *27equity a mortgage. 2 Story Eq. Jur. sec. 1018; 4 Kent. 142;…
2Cases cited2 opinions
- Holmes v. GrantNew York Court of Chancery · 1840
- Harbison v. LemonIndiana Supreme Court · 1832
3Cited by11 opinions
- Jordan v. SayreSupreme Court of Florida · 1892
- Morrison v. MendenhallSupreme Court of Minnesota · 1872
- Berthold v. HolmanSupreme Court of Minnesota · 1867
- Greve v. CoffinSupreme Court of Minnesota · 1869
- Everest v. FerrisSupreme Court of Minnesota · 1870
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