Calhoun v. Anderson

The opinion of the court was delivered by

Mason, J.:

In the course of litigation involving other matters Humphrey Calhoun, on December 31, 1904, filed an answer which included a cross-petition against a codefendant, Ed Anderson, asking that an instrument in the form of a deed from Calhoun to Anderson be declared to be in effect a mortgage, that the amount of the debt thereby secured be ascertained by an accounting, and that he be permitted to redeem the land. On the trial of the issues so tendered the district court sustained a demurrer to the evidence of Calhoun, and he prosecutes error.

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