Lamborn v. Denison State Bank

The opinion of the court was delivered by

Dawson, J.:

Plaintiffs brought this action seeking a judicial determination that a certain deed of conveyance made by them to the defendant bank was merely a mortgage on a quarter section of Jackson county land constituting plaintiffs’ farm.

The deed which was one of general warranty was exhibited by copy attached to plaintiffs’ petition.

Plaintiffs alleged that at the time of its execution the parties entered into a contemporaneous written contract that the title should remain in plaintiffs and that at any time prior to March 1, 1923, upon payment to the…