Borden v. Clow
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Washoe county. R. R. Bigelow, District Judge. The facts are stated in the opinion. I. The action is not barred by the statute of limitations. The court finds that the deed was a security and was a mortgage. Appellant paid the taxes on the property for 1880-83. Respondent paid the taxes in 1884 and each year thereafter to the date of the commencement of this suit and since.
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Appeal from the District Court of the State of Nevada, Washoe county. R. R. Bigelow, District Judge. The facts are stated in the opinion. I. The action is not barred by the statute of limitations. The court finds that the deed was a security and was a mortgage. Appellant paid the taxes on the property for 1880-83. Respondent paid the taxes in 1884 and each year thereafter to the date of the commencement of this suit and since. These taxes must all be repaid in all cases of redemption, whether agreed by the mortgageor to be repaid by him or not, whether paid before or after the mortgagee took…
1Opinion of the Court
By the Court,
Murphy, J.:
This was a bill in equity, to have a deed absolute upon its face decreed to be a mortgage, asking for an accounting, and that the plaintiff be permitted to redeem. The facts are substantially that plaintiff, being indebted to the defendant in the sum of seven hundred and fifty dollars, executed to him a deed absolute in form, conveying eighty acres of land situate in Washoe county. This deed was executed by the plaintiff and one O. H. Perry on the 29th day of March, 1880. After the making of the deed, the plaintiff, holding stock of the Highland Ditch & Water Company,…
2Cases cited1 opinion
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