Froud v. Merritt Bros.
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. H. C. Traverse, Judge. . Aotion in equity for an accounting, to have a conveyance in the form of a deed adjudged to be a mortgage, and for a re-conveyance of. the mortgaged premises. There was a hearing on the merits, and a decree for the plaintiff. The defendant appeals.—
1Opinion of the CourtRobinson, J.
On the second day of August, A. D. 1880, the plaintiff aiid her husband executed to the defendant, a co-partnership, an instrument in the form of a warranty deed, which purported to convey to the defendant, lot numbered 7, in block numbered 1, in *411Adamson’s addition to the town of Centerville. The consideration stated was four hundred dollars. The plaintiff claims that the instrument was designed to secure the payment of one hundred and sixty dollars which she was owing to the defendant on account, and that it was agreed that, when that amount should be paid, the defendant would convey the…
2Cases cited3 opinions
- Montague v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1878
- Scruggs v. Memphis & Charleston RailroadSupreme Court of the United States · 1883
- Barnett v. NelsonSupreme Court of Iowa · 1880
3Cited by1 opinion
- Whitley v. BarnettSupreme Court of Iowa · 1911