Hogg v. Wolske

EISMANN, Justice.

This is an appeal from a judgment quieting title to certain real property, awarding special damages on a claim for slander of title based upon the filing of a void quitclaim deed, and rejecting the defendants’ contention that a deed and contract to reconvey the property executed by their predecessors in interest constituted a mortgage. We affirm the district court and award the respondents attorney fees on appeal.

I. FACTS AND PROCEDURAL HISTORY

The central issue in this case is whether a deed and contract to reeonvey real property constituted a mortgage. Fred and Phyllis…