Legal Opinion

Holman v. Mason City Auto Co.

Supreme Court of Iowa

Decided March 11, 1919PublishedCited by 6 opinions

Appeal from Cerro Gordo District Court. — M. F. Edwards, Judge. The appellee purchased an automobile of the appellants. He gave his notes for the purchase price. A contract was signed, which gave a lien on the automobile for the purchase price. Later, he executed a deed to the appellants. He replevined the notes.

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Appeal from Cerro Gordo District Court. — M. F. Edwards, Judge. The appellee purchased an automobile of the appellants. He gave his notes for the purchase price. A contract was signed, which gave a lien on the automobile for the purchase price. Later, he executed a deed to the appellants. He replevined the notes. He bases that action on the claim that the deed was absolute, and canceled the notes; that the transaction as a whole was not a taking of security, but created a mere privilege on his part to rebuy lands that he had absolutely sold to appellants. The trial court sustained his claims.…

1Opinion of the CourtSalinger, J.

1. mortgages : requisites: absolute deed: evidence. I. Appellee contends that permitting the grantee to ask that the deed shall be treated as a mortgage is not within the rationale of the rule under which the English Courts of Chancery permitted oral testimony to show that an absolute deed was a mortgage. It may be assumed that this rule was framed to relieve the debtor from the over-hard grasp of the creditor. See Mintz v. Soule, L. R. A. 1916B, 15, at page 66; and it is said in Hinkley v. Wheelright, 29 Md. 341, that the grantee “has no right to complain of a difficulty growing out of his…

2Cases cited9 opinions

  1. McMillan v. BissellMichigan Supreme Court · 1886
  2. Bryan v. CowartSupreme Court of Alabama · 1852
  3. Starks v. RedfieldWisconsin Supreme Court · 1881
  4. Wicker v. ComstockWisconsin Supreme Court · 1881
  5. Ennor v. ThompsonIllinois Supreme Court · 1867

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3Cited by6 opinions

  1. Dickens v. HestonIdaho Supreme Court · 1933
  2. Guttenfelder v. IebsenSupreme Court of Iowa · 1941
  3. Greene v. Bride & Son Construction CompanySupreme Court of Iowa · 1960
  4. Blum v. KeeneSupreme Court of Iowa · 1954
  5. Ross v. Automobile InsuranceSupreme Court of Iowa · 1940

1 more not listed; retrieve them via the Exa API.

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