Clark v. Shoesmith

The opinion of the court was delivered by

West, J.:

The plaintiff sued in 1910 to have a certain instrument declared a mortgage, for possession of the land covered thereby and for an accounting. He alleged in substance that in 1898 he was the owner of a tract of land in Republic county and a school-land contract in Jewell county, and was then indebted to his brother-in-law, John Shoesmith, in the sum of $4000, the note for which would be due in 1899 and which was secured by mortgage on the Republic county land; that about June, 1898, Shoesmith, who resided in Lena, 111., visited the plaintiff…