Halloran v. Holmes
North Dakota Supreme Court
Appeal from District Court, Dickey county; Lmder, J. Action by Thomas Halloran against C. Duane Holmes and others. Judgment for plaintiff. Defendant Holmes appeals. When a grant of real property purports to be an absolute conveyance, but is intended to be a mortgage, it cannot be defeated as a grant against any person taking by purchase from the grantee therein named, without actual notice.
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Appeal from District Court, Dickey county; Lmder, J. Action by Thomas Halloran against C. Duane Holmes and others. Judgment for plaintiff. Defendant Holmes appeals. When a grant of real property purports to be an absolute conveyance, but is intended to be a mortgage, it cannot be defeated as a grant against any person taking by purchase from the grantee therein named, without actual notice. Mabury v. Ruiz, 58 Cal. 11. One who takes by a warranty deed is a purchaser in good faith for a valuable consideration within the meaning of the registry law, and entitled to protection, although his…
1Opinion
ON REHEARING.
The appellant has filed a petition for rehearing. It presents no propositions which were not fully considered by us in rendering our decision. The petition criticises, among other things, that .par-t of HJhe opinion in which it was -said that a deed, absolute in form, but in fact a mortgage, does not convey the legal title to the grantee. *420We did not discuss this proposition at length or cite authorities in its support, because the proposition, to our mind-s, was so obvious as not to require an extended discussion. Petitioner, however, cites Hughes v. Davis, 40 Cal. 117, and…
2Cases cited9 opinions
- Raynor v. DrewCalifornia Supreme Court · 1887
- McLane v. PaschalTexas Supreme Court · 1877
- Hughes v. DavisCalifornia Supreme Court · 1870
- Taylor v. McLainCalifornia Supreme Court · 1884
- Sutton v. StoneNebraska Supreme Court · 1876
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