Benton v. Benton

The opinion of the court was delivered by

Foth, C.:

This action was commenced as one to quiet title to a quarter section of land in Gray county. The trial court found that plaintiff was not the absolute owner of the land, but instead was the mortgagee under an equitable mortgage. It gave her judgment for the underlying debt and strictly foreclosed the mortgage, but also gave the defendant mortgagor a forty-five day redemption period. In so doing the court refused to give any effect to a quitclaim deed from defendent to plaintiff, holding it to be a sham. Plaintiff appeals, contending the court…