Engelking v. First State Bank

Lees, C.

This action was brought to have a deed declared a mortgage and the amount due thereon ascertained by applying upon the debt the rents and profits which had been received by the alleged mortgagee.

The material facts as found by the trial court are as follows: On November 29, 1915, Martin C. Engelking was the owner of a house and lot in Northome in Koochiching county. He was the cashier of the defendant bank. John E. Cowan was the vice president of the bank and the secretary of the defendant company, which owned most of the capital stock of the bank. Engelking applied to the bank for a…