Greene v. Bride & Son Construction Company

On February 3, 1960, appellants filed their petition in equity against appellees seeking to have a quitclaim deed, an assignment of certificate of redemption, a marshal’s deed, and a real-estate contract covering certain real estate in Sioux City declared a mortgage. Appellees about the same time filed a case in forcible entry and detainer against appellants based upon cancellation of the real-estate contract. By order of court the two cases were combined for trial. The issues involved are whether or not the transaction between the parties constituted a mortgage or a real-estate contract,…