Kreiensieck v. Cook

BURNETT, Judge.

The question presented is whether a deed should be treated, in the circumstances of this case, as an absolute conveyance or as security for the payment of a debt. The district court held the deed to be a security instrument and directed the purported grantee, Frances Cook, to reconvey the property to the original owner, Charles Kreiensieck, now deceased. Mrs. Cook has appealed, raising two issues. First, she argues that the district court erred in admitting parol evidence to explain the parties’ understanding of the intent underlying the deed. Second, she contends that the…