Legal Opinion

Hill v. Edwards

Supreme Court of Minnesota

Decided July 15, 1865PublishedCited by 11 opinions

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

  1. Holmes v. GrantNew York Court of Chancery · 1840
  2. Harbison v. LemonIndiana Supreme Court · 1832

3Cited by11 opinions

  1. Jordan v. SayreSupreme Court of Florida · 1892
  2. Morrison v. MendenhallSupreme Court of Minnesota · 1872
  3. Berthold v. HolmanSupreme Court of Minnesota · 1867
  4. Greve v. CoffinSupreme Court of Minnesota · 1869
  5. Everest v. FerrisSupreme Court of Minnesota · 1870

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