Swenson v. Mills

Defendant E. R. “Max” Mills, the assignee of a lease and option to purchase the subject property, appeals a judgment for plaintiff on plaintiffs claims (1) for a declaratory ruling that defendant is in default of the lease and (2) seeking possession of the leased property and damages for waste. Defendant contends on appeal that the trial court erred in entering judgment for plaintiff and in dismissing his counterclaim, asserting that, by virtue of a quitclaim deed to the property from the original lessee, his interest is that of an equitable mortgagor and can be terminated only by foreclosure…