Holmes v. Holt

The opinion of the court was delivered by

Smith, J.:

This action was brought by appellant W. H. Holmes in equity to have two deeds adjudged mortgages and for an accounting. F. H. Holt answered that he was the owner of the land and asked that his title thereto be quieted. A trial was had in the district court and a judgment was entered that the deeds were, in fact, mortgages given to secure loans of money. By consent of the parties the hearing as to the accounting was continued. Thereafter the plaintiff moved to dimiss the part of the suit pertaining to an accounting. The motion was overruled,…