Smith v. Jensen
North Dakota Supreme Court
Appeal from district court, Stutsman county; Burke, Judge. Action by Lizzie Smith and James Smith against Anton Jensen and the Stutsman County Bank. Judgment for plaintiffs, and defendants appeal. Proofs to determine a deed to be a mortgage must be clear, specific and satisfactory.
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Appeal from district court, Stutsman county; Burke, Judge. Action by Lizzie Smith and James Smith against Anton Jensen and the Stutsman County Bank. Judgment for plaintiffs, and defendants appeal. Proofs to determine a deed to be a mortgage must be clear, specific and satisfactory. Jasper v. Plazen, 4 N. D. 1, 58 N. W. 454; Little v. Braun, 11 N. D. 410, 92 N, W. 800; Sargent v. Cooley, 12 N. D. 1, 94 N. W. 576. A sale, with a covenant to reconvey, may differ from a mortgage. Henley v. Hotaling, 41 Cal. 22; Conway’s Ex’rs v. Alexander, 7 Cranch. 218; McGuin v. Lee, 10 N. D. 160, 86 N. W. 714;…
1Opinion of the CourtFisk, J.
This litigation arose in the district court of Stutsman county, and the case is here for trial de novo. The object of the suit is to have a certain deed, absolute in form, adjudged a mortgage, and for an accounting as to the amount due thereon after deducting the value of certain rents and profits of the premises, collected by the defendant. The issues were tried in the court *410below in January, 1906, and in May following the trial court made findings of fáct and conclusions of law in favor of the plaintiffs and thereafter judgment was rendered thereon, from which this -appeal was taken.
Certain…
2Cases cited12 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Henley v. HotalingCalifornia Supreme Court · 1871
- McNamara v. CulverSupreme Court of Kansas · 1879
- De Leonis v. WalshCalifornia Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnson v. National Bank of CommerceWashington Supreme Court · 1911
- Minot Special School District Number One v. OlsnessNorth Dakota Supreme Court · 1926
- Mechtle v. ToppNorth Dakota Supreme Court · 1952
- Sherwin v. American Loan & Investment Co.North Dakota Supreme Court · 1919
- Adams v. McIntyreNorth Dakota Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.