Baird v. Reininghaus
Supreme Court of Iowa
Appeal from Van Bwen District Court. — Hon. Dell Stuart, Judge. Action in equity to decree a deed absolute on its face to be a mortgage, and to redeem therefrom. From a judgment and decree for the plaintiff, the defendant appeals. —
1Opinion of the CourtKinne, J.
— April 9, 1887, the plaintiff was the owner of a small tract of land in Yan Burén county, Iowa. On that day she claims she borrowed two hundred and forty dollars of the defendant, to draw interest at ten per cent, per annum, and said principal sum and interest to be paid to the defendant April 9, 1888; that to secure such payment she executed to the defendant a deed of conveyance of the premises; that the deed, while absolute in form, was in fact given to secure said sum so borrowed, and in fact a mortgage. She also avers that she, on April 2, 1888, tendered the amount due on said loan to…
2Cases cited9 opinions
- Trucks v. LindseySupreme Court of Iowa · 1865
- Corbit v. SmithSupreme Court of Iowa · 1858
- Hughes v. SheaffSupreme Court of Iowa · 1865
- Kibby v. HarshSupreme Court of Iowa · 1883
- Hyatt v. CochranSupreme Court of Iowa · 1873
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3Cited by5 opinions
- Bigler v. JackSupreme Court of Iowa · 1901
- Wilson v. McWilliamsSouth Dakota Supreme Court · 1902
- Hinman v. SageSupreme Court of Iowa · 1928
- Cold v. BehSupreme Court of Iowa · 1911
- McGuire v. HalloranSupreme Court of Iowa · 1916