Larson v. Dutiel
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Peter Larson against Peter A. Dutiel and another to recover real estate. From a judgment in favor of the plaintiff, the defendants appeal. The facts are stated in the opinion. If the relation of debtor and creditor in any given case existed in the beginning and the debt still subsists as to the consideration of" the conveyance, the transuction will be treated as a mortgage.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Peter Larson against Peter A. Dutiel and another to recover real estate. From a judgment in favor of the plaintiff, the defendants appeal. The facts are stated in the opinion. If the relation of debtor and creditor in any given case existed in the beginning and the debt still subsists as to the consideration of" the conveyance, the transuction will be treated as a mortgage. I Jones on Mortgages, Sec. 258. A deed absolute upon its face may be shown by parol evidence to be a mortgage, with all the incidents of…
1Opinion of the CourtFuller, P. J.
This action, between parties claiming land adversely, resulted in a decree adjudging-plaintiff to be the owner thereof in fee, and the defendants'appeal..
■ Deeming the greater portion of respondent’s additional abstract, *478prepared pursuant to rule 13 of this court, to be an essential supplement to the abstract of appellants, we deny the motion of their counsel to eliminate the same. On the merits, the controlling point in the case is whether a certain warranty deed of the premises, executed on the 30th day of December, 1885, by appellants to respondent’s grantor, is an absolute conveyance in…
2Cases cited10 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Henley v. HotalingCalifornia Supreme Court · 1871
- Rue v. DoleIllinois Supreme Court · 1883
- Tilden v. StreeterMichigan Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Knock v. KnockSouth Dakota Supreme Court · 1963
- Bates v. SmithSouth Dakota Supreme Court · 1925
- Gingles v. Savings BankSouth Dakota Supreme Court · 1914
- Commercial & Savings Bank v. CassemSouth Dakota Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.