Green v. Turner
Supreme Court of Iowa
Appeal from Polh District Court. Action in Chancery. The petition alleges that plaintiff is the owner of the S. W. ¿, of Sec. 33, T. 79, N. R. 2é W., in Polk county, her title thereto being derived from one Jonathan Lyon through a sheriff’s sale, and a deed thereon executed December 6, 1869. The judgment upon which this sale was had, was rendered in 1859 against Lyon.
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Appeal from Polh District Court. Action in Chancery. The petition alleges that plaintiff is the owner of the S. W. ¿, of Sec. 33, T. 79, N. R. 2é W., in Polk county, her title thereto being derived from one Jonathan Lyon through a sheriff’s sale, and a deed thereon executed December 6, 1869. The judgment upon which this sale was had, was rendered in 1859 against Lyon. It is averred in the petition that on the first day of November, 1858, defendant Turner loaned Lyon $5,000, and that to secure the payment of the sum so borrowed, Lyon executed an absolute conveyance of the land in question with…
1Opinion of the CourtBeck, J.
l. raoimiAGE: an forms of ciebtuty 01 — I. It is a familiar doctrine that any conveyance of lands, intended to operate as a security for the payment of money, or for the performance of any contract will be regarded m equity as a mortgage, and the rights of parties under it will be enforced and protected accordingly. In order to establish and enforce such rights, courts ascertain the intentions of the parties. If it be found that the intention was simply to create a security for a debt, whatever may be the form of the transaction and of the instruments witnessing it, the transaction will be…
2Cases cited14 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Koch v. BriggsCalifornia Supreme Court · 1859
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Trucks v. LindseySupreme Court of Iowa · 1865
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Watts v. CreightonSupreme Court of Iowa · 1892
- Caro v. WollenbergOregon Supreme Court · 1913
- Adams v. HoldenSupreme Court of Iowa · 1900
18 more not listed; retrieve them via the Exa API.