Eiseman v. Gallagher

This action was brought in the district court of Holt •county, by Eiseman et al., appellees, to cancel a warranty *80deed made by Eiseman and Giddings to E. F. Gallagher; also to have a warranty deed from E. F. Gallagher to Hugh J. Gallagher set aside, and to compel a reconveyance of the property to appellees, on the payment of $788.35, which they allege was a loan. The theory of appellees is, that this deed was given as a mortgage, and they plead usury as to the balance of the consideration named in the bond or a reconveyance of the property. They also .plead a bond for reconveyance.

The…