Olson v. Paul

The action was brought to have a deed of land, absolute on its face, executed by the plaintiff to defendant, adjudged a mortgage, and to have the same canceled, for the reason that the condition upon which it was given had been fully performed by the plaintiff. The.answer admits the deed was given as security for the performance of certain conditions by the plaintiff, denies performance, and contains a counterclaim for its foreclosure as a mortgage. When the cause was called for trial, the plaintiff discontinued his action. The cause was then tried on the counterclaim and *31reply, and resulted…