Rhine v. Terry

The parties to this litigation appear here in the same relative position as in the district court, where plaintiff sought a declaratory judgment adjudicating that defendant held the legal title to certain mining property as security for a loan made to plaintiff by the predecessors in title of defendant, rather than in fee simple as it was alleged defendant claimed. Answering, defendant denied that his title was otherwise than absolute, and by special defenses alleged, in effect, that during the period involved plaintiff never had more than an option to purchase from defendant’s predeces sors,…