Grannis v. Hitchcock
Supreme Court of Minnesota
. Action in the district court for Blue Earth county against H. M. Hitchcock, as guardian of the estate of Horton W. Nelson, an incompetent, and Horton W. Nelson, to have two deeds declared to constitute a mortgage; for an accounting of the rents and profits of the-premises during the possession of defendants; to permit plaintiff to-pay defendants, or into court for their use, such sum as shall be found’ due from him to defendant Nelson, and that thereupon a reconveyance of…
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. Action in the district court for Blue Earth county against H. M. Hitchcock, as guardian of the estate of Horton W. Nelson, an incompetent, and Horton W. Nelson, to have two deeds declared to constitute a mortgage; for an accounting of the rents and profits of the-premises during the possession of defendants; to permit plaintiff to-pay defendants, or into court for their use, such sum as shall be found’ due from him to defendant Nelson, and that thereupon a reconveyance of the premises to plaintiff be made by proper deed of conveyance. The answer denied that the reasonable rental value of…
1Opinion of the CourtBunn, J.
This is an action to have deeds absolute on their face declared to be a mortgage, and to direct a reconveyance of the premises to plaintiff upon his payment of the sum found due from him. The issue was as to whether defendant Nelson was the owner in fee of the land, or whether plaintiff was the owner, subject to a mortgage in the form of a quitclaim deed, with an oral agreement giving plaintiff the right to a reconveyance on payment of the indebtedness. There was a decision in favor of plaintiff. This appeal is from the judgment entered on such decision.
The questions here are: (1) As to…
2Cases cited2 opinions
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
- De Lancey v. FinneganSupreme Court of Minnesota · 1902
3Cited by6 opinions
- O'Connor v. SchwanSupreme Court of Minnesota · 1933
- Jentzen v. PruterSupreme Court of Minnesota · 1921
- Roehrs v. ThompsonSupreme Court of Minnesota · 1929
- State ex rel. Albert Dickinson Co. v. District CourtSupreme Court of Minnesota · 1917
- Harris v. Barnes City Savings BankSupreme Court of Iowa · 1922
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