Carveth v. Winegar
Michigan Supreme Court
Appeal from Ionia; Davis, J. Bill by Thomas Carveth and Marietta Carveth against Clarendon C. Winegar and George Winegar to declare a conveyance absolute in form to be a mortgage, and for an accounting. From a decree for complainants, defendants appeal. The purpose of this bill is to have a deed absolute upon its face declared a mortgage, and that the complainants may be allowed to redeem therefrom.
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Appeal from Ionia; Davis, J. Bill by Thomas Carveth and Marietta Carveth against Clarendon C. Winegar and George Winegar to declare a conveyance absolute in form to be a mortgage, and for an accounting. From a decree for complainants, defendants appeal. The purpose of this bill is to have a deed absolute upon its face declared a mortgage, and that the complainants may be allowed to redeem therefrom. The deed was executed January 18, 1897, by complainants, who are husband and wife, to the defendant Clarendon C. Wine-gar. It was executed at the house of defendant Clarendon. Mr. Winegar and Mr.…
1Opinion of the CourtGrant, J.
(after stating the facts). We think there was ample testimony to sustain the conclusion reached by the circuit judge, and we see no reason for overruling that conclusion. The question is one entirely of fact. The circumstances under which the deed and contract were made, the conversation at the time, and the value of the land were competent evidence, under the.decisions, to show that the transaction was intended by the parties to be a mortgage. If the title passed to Mr. Winegar, under his *38own testimony, as well as under the contract, he took the property in trust to sell for the purpose of…
2Cases cited6 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Villa v. RodriguezSupreme Court of the United States · 1871
- Stephens v. AllenOregon Supreme Court · 1883
- Strong v. StewartNew York Court of Chancery · 1819
- Wharf v. HowellSupreme Court of Pennsylvania · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fort v. ColbySupreme Court of Iowa · 1913
- Wasey v. WhitcombMichigan Supreme Court · 1911
- Malone v. DanforthMichigan Supreme Court · 1904
- Wiles v. ShafferMichigan Supreme Court · 1913
- Walker v. BatesMichigan Supreme Court · 1928