Legal Opinion

Halloran v. Holmes

North Dakota Supreme Court

Decided October 25, 1904Published

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.

Read the full summary

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

  1. Raynor v. DrewCalifornia Supreme Court · 1887
  2. McLane v. PaschalTexas Supreme Court · 1877
  3. Hughes v. DavisCalifornia Supreme Court · 1870
  4. Taylor v. McLainCalifornia Supreme Court · 1884
  5. Sutton v. StoneNebraska Supreme Court · 1876

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API