Saunders v. Stewart
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. It appears from the complaint in this action that in April, 1870, the plaintiffbeing the owner of two wagons and ten horses with their harness, worth $1,400, for the purpose of securing M. C. Lake the payment of-$598.20, caused a bill of sale of the property to be executed to him by P. Belton, to whom plaintiff had previously conveyed the same also by way of security.
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Appeal from the District Court of the Second Judicial District, Washoe County. It appears from the complaint in this action that in April, 1870, the plaintiffbeing the owner of two wagons and ten horses with their harness, worth $1,400, for the purpose of securing M. C. Lake the payment of-$598.20, caused a bill of sale of the property to be executed to him by P. Belton, to whom plaintiff had previously conveyed the same also by way of security. Afterwards plaintiff and defendant entered into a parol contract, by which defendant agreed to pay the debt to Lake, take the property into his…
1Opinion of the Court
By the Court,
Whitman, J.:
This action was brought to have a bill of sale of personal property absolute on its face declared a mortgage, and for an accounting. The referee to whom the case was sent found for appellant. The district court granted a rehearing, and upon the facts reported entered ' a decree for respondent. It is urged that the court # erred both upon the facts and in the law.
The facts support the decree, and the law applied is too well settled in the United States to be disputed at this day. That an absolute conveyance, whether of real or personal property, can in equity be shown…
2Cases cited1 opinion
- Carlyon v. LannanNevada Supreme Court · 1868
3Cited by2 opinions
- Walls v. EndelSupreme Court of Florida · 1883
- Farnow v. Las Vegas Aerie No. 1213, Fraternal Order of Eagles Ex Rel. CravensNevada Supreme Court · 1948