Butman v. James
Supreme Court of Minnesota
On May 14, 1873, plaintiff borrowed of one Eogers $250, and, to secure repayment, executed and delivered to him a warranty deed, absolute in form, of certain premises in Eice county described in the complaint, of wbicb she was the owner. At the same time Eogers executed and delivered to her a bond for a deed, in the ordinary form, conditioned for the conveyance of the land to her upon the payment of $250, with interest, within two years from its date.
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On May 14, 1873, plaintiff borrowed of one Eogers $250, and, to secure repayment, executed and delivered to him a warranty deed, absolute in form, of certain premises in Eice county described in the complaint, of wbicb she was the owner. At the same time Eogers executed and delivered to her a bond for a deed, in the ordinary form, conditioned for the conveyance of the land to her upon the payment of $250, with interest, within two years from its date. The two instruments were intended by the parties to them to operate as a mortgage to secure the loan, but neither deed nor bond contained any…
1Opinion of the CourtBerry, J.
The deed of the land in controversy from the plaintiff to Rogers, and the bond for the reconveyance of the same from Rogers to the plaintiff, were made as part of one transaction, bore the same date, and both were duly recorded before the defendant’s alleged .attachment was levied. Competent testimony amply justifies the trial court in its findings that the deed was given as security merely for a loan of money by Rogers to the plaintiff, and that the transaction evidenced by the two instruments was intended by the parties to be, and in legal effect was, a mortgage.
By Gen. St. 1878, c. 40, §…
2Cases cited5 opinions
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Fulton v. HarmanCourt of Appeals of Maryland · 1876
- Lamberton v. Merchants' National BankSupreme Court of Minnesota · 1877
- Thatcher v. HumbleIndiana Supreme Court · 1879
- Buse v. PageSupreme Court of Minnesota · 1884
3Cited by9 opinions
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
- Hein v. LeeWyoming Supreme Court · 1976
- Citizens Bank v. MeyerSupreme Court of Minnesota · 1921
- Lundeen v. NyborgSupreme Court of Minnesota · 1925
- Broadwell v. BanksU.S. Circuit Court for the District of Missouri · 1905
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