Miller v. Ausenig

Opinion ly

Hoyt, Associate Justice.

This is an action brought by the plaintiff, against the defendant, for the purpose of having a deed of certain lands and a bill of sale of certain personal property, made by the plaintiff to the defendant, -declared to be mortgage given for the purpose of .securing to the defendant the repayment of a certain sum of money alleged to have been by him loaned to the plaintiff, and for an .accounting between the parties in relation to said alleged loan.

The only point made by the counsel for the appellant, in this Court, is as to the sufficiency of the proofs to…