Acme Brick Co. v. Jacobi-Erdman, Inc.

The following opinion was filed June 4, 1940:

Nelson, J.

The broad question presented on this appeal is whether the finding of the court that the deed in question was not intended to be a mortgage, was against the great weight and clear preponderance of the evidence. The question presented by the defendant’s motion for review is whether the judgment of the justice of the peace in the forcible-entry and unlawful-detainer action was res ad judi-cata. In our view, we need determine only the question whether the trial court erred in finding that the deed in question was not intended to be a…