Hockett v. Earl

The opinion of the court was delivered by

Benson, J.:

The principal question upon this appeal is whether a warranty deed made by the plaintiif to defendant Earl was intended as a mortgage or as an *734absolute conveyance. The evidence upon this issue was in sharp conflict. The finding was for. the plaintiff. In this situation the conclusion of the district court is final, unless it should be set aside for erroneous rulings affecting the substantial rights of the defendant.

A jury was called upon request of the plaintiff to make findings upon particular questions of fact. While the jury were being…