Fisk v. Stewart
Supreme Court of Minnesota
This was an action begun in the district court for Ramsey, county, September 30, 1875, wherein the plaintiffs demanded' that a conveyance of certain premises to the defendant be decreed a mortgage, and that an account be had of the income and profits of the land. The defendant demurred, hut the court, Brill, J., presiding, overruled the demurrer, and the defendant thereupon appealed.
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This was an action begun in the district court for Ramsey, county, September 30, 1875, wherein the plaintiffs demanded' that a conveyance of certain premises to the defendant be decreed a mortgage, and that an account be had of the income and profits of the land. The defendant demurred, hut the court, Brill, J., presiding, overruled the demurrer, and the defendant thereupon appealed. A court of equity will not decree an absolute deed to be a mortgage, upon a parol agreement, in the face of the statute of frauds. Gen. St. c. 41, tit. 2, § 10. In that forum it can only be shown by parol proof…
1Opinion of the CourtCornell, J.
When the real nature of a transaction between the parties is confessedly that of a loan, advanced upon the security of real estate granted to the party making the loan, whatever the form of the instrument of conveyance taken as the security, it is always treated in equity as a mortgage, to which is annexed, as an inseparable incident, the right to the equity of redemption, which can only be extinguished by foreclosure, or voluntary surrender by the party vested with the right by some new agreement founded on an adequate consideration. Neither is it any the less a mortgage that the advance is…
2Cases cited6 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Ryan v. . DoxNew York Court of Appeals · 1866
- Carr v. . CarrNew York Court of Appeals · 1873
- Hough v. BaileySupreme Court of Connecticut · 1864
- Martin v. BowkerSupreme Court of Vermont · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- King v. McCarthySupreme Court of Minnesota · 1892
- Bennett v. HarrisonSupreme Court of Minnesota · 1911
- Buse v. PageSupreme Court of Minnesota · 1884
11 more not listed; retrieve them via the Exa API.