Fetsch v. Pedersen

The question for decision is whether a certain instrument purporting to be a deed is, in fact, a mortgage. On December 30, 1924, plaintiffs commenced a suit to quiet title to a tract of land in Douglas County. Their claim for title is based on a deed executed by defendants, November 9, 1923. On the date of the execution of the deed, and as a part of the same transaction, the parties entered into the following agreement:

“Know All Men by These Presents, That we, August Fetsch and Marie A. Fetsch, husband and wife, parties of the first part, in consideration of the sum of one dollar to us in…