Sweek v. Bennett

This is a suit to have an instrument purporting to be a deed declared to be a mortgage. In 1903 plaintiffs became owners in fee of 225 acres of land, the greater part of which was located within the corporate limits of the city of Burns in Harney county. On September 26, 1921, they executed an instrument in the-form of a quitclaim deed conveying this property to the defendant, S. R. Bennett, and his wife, a daughter of the plaintiffs. At such time the land was encumbered by a mortgage in favor of the State Land Board, dated May 16,1910, and due one year after date. There was a second mortgage…