Wells v. Geyer
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; C. I. Fisk, Judge. Action by Frederick B. Wells and another against Jacob Geyer -and another. Judgment for defendants, and plaintiffs appeal. The evidence is not of such conclusive character as is required to •change an absolute deed into a mortgage.
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Appeal from District Court, Grand Forks county; C. I. Fisk, Judge. Action by Frederick B. Wells and another against Jacob Geyer -and another. Judgment for defendants, and plaintiffs appeal. The evidence is not of such conclusive character as is required to •change an absolute deed into a mortgage. Lee v. McGuin, 10 N. -D. 160, 86 N. W. 714. The release of a vendor from further obligation to pay the purchase price under the contract, is a sufficient, consideration for a release by the vendee of the obligation to convey the land. Kevello v. Taylor, 5 N. D. 76, 63 N. W. Rep. 889;. Bishop on…
1Opinion of the CourtGlaspell, J.
The plaintiffs bring this action to recover the possession of certain lands, of which they claim to be owners. The defendants present, as an equitable defense, the contention that the deed by which such lands were .conveyed by the defendants to the plaintiffs, and the contemporaneous agreement by which it was agreed that they were to be reconveyed to defendants, constitute merely a mortgage, which authorized them to retain possession and to redeem. The defendants have not waived their right to a jury trial upon the issue respecting plaintiffs’ right to possession; still the determination of…
2Cases cited19 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Odell v. . MontrossNew York Court of Appeals · 1877
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Voss v. EllerIndiana Supreme Court · 1887
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3Cited by10 opinions
- Fort v. ColbySupreme Court of Iowa · 1913
- Mechtle v. ToppNorth Dakota Supreme Court · 1952
- Dean v. SmithNorth Dakota Supreme Court · 1924
- Miller v. SmithNorth Dakota Supreme Court · 1910
- Smith v. JensenNorth Dakota Supreme Court · 1907
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