Bell v. Ware

NOBLE, Justice.

Action was brought in the district court of Roosevelt County to have two deeds, each conveying an undivided one-half interest in a' 480-acre farm and absolute in form, declared an equitable mortgage; for an accounting of the rents and profits; and, for an order directing reconveyance of the land upon payment of the claimed mortgage debt. The case was tried to a jury and this appeal is from a directed verdict for defendants at the close of plaintiff’s case and from the judgment entered pursuant thereto.

Appellant asserts that the deeds, even though absolute in form, were intended…