Myers v. Clark

The opinion of the court was delivered by

Harvey, J.:

This is a suit upon notes and to foreclose a deed as a mortgage. The plaintiff claimed to be a mortgagee in possession and entitled to rents to apply upon his debt. It was tried to the court. The court rendered judgment for plaintiff upon the notes, held the deed to be a mortgage, and decreed its foreclosure. The court found against plaintiff upon his claim of being a mortgagee in possession and rendered judgment against him for rents collected and from this judgment plaintiff appealed.

George A. Clark owned a quarter section of land in Gray…