Legal Opinion

Stall v. Jones

Nebraska Supreme Court

Decided March 18, 1896No. 6282PublishedCited by 16 opinions

Appeal from the district court of Seward county. Heard below before Wheeler, J. The facts are stated in the opinion. More than the mere preponderance of evidence is necessary to establish the claim that a deed absolute on its face is a mortgage. (Gadman v. Peter, 6 Sup. Ct. Rep. [U. S.], 957; Tilden v. Streeter, 8 N. W. Rep. [Mich.], 502; Hoioland v. Blake, 97 U. S., 624; Woodworth v. Carman, 43 la., 504; Walker v. Farmers Bank, 14 Atl.

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Appeal from the district court of Seward county. Heard below before Wheeler, J. The facts are stated in the opinion. More than the mere preponderance of evidence is necessary to establish the claim that a deed absolute on its face is a mortgage. (Gadman v. Peter, 6 Sup. Ct. Rep. [U. S.], 957; Tilden v. Streeter, 8 N. W. Rep. [Mich.], 502; Hoioland v. Blake, 97 U. S., 624; Woodworth v. Carman, 43 la., 504; Walker v. Farmers Bank, 14 Atl. Rep. [Del.], 819; Satterfield v. Malone, 35 Fed. Rep., 451; Lance’s Appeal, 4 Atl. Rep. [Pa.], 375; Maher v. Famoell, 97 111., 56; Pancake v. Gauffman, 7 Atl.…

1Opinion of the Court

Irvine, 0.

In December, 1875, Stall conveyed to Jones the northwest quarter of section 22, township 10 north, of range 2 east, in Seward county. December 17, 1891, he instituted this action for the purpose of having the conveyance declared to have been a mortgage, for an accounting of the amount due thereon, and of the rents and profits of the land which had been in Jones’ possession *709ever since the conveyance. The answer of Jones admits the conveyance, but alleges that it was in pursuance of an absolute sale of the premises, pleads laches, the statute of limitations, and adverse possession.…

2Cases cited15 opinions

  1. Miner v. . BeekmanNew York Court of Appeals · 1872
  2. Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
  3. Stillwell v. HammSupreme Court of Missouri · 1888
  4. Wylie v. CharltonNebraska Supreme Court · 1895
  5. Hubbell v. . SibleyNew York Court of Appeals · 1872

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3Cited by16 opinions

  1. Lipscomb v. TalbottSupreme Court of Missouri · 1912
  2. Ferguson v. BoydIndiana Supreme Court · 1907
  3. Eayrs v. NasonNebraska Supreme Court · 1898
  4. Southwestern Cotton Seed Oil v. the Bank of StroudSupreme Court of Oklahoma · 1902
  5. O'Hanlon v. BarryNebraska Supreme Court · 1910

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