Reports of Cases Decided in the Supreme Court of the State of North Dakota ..
Reports of Cases Decided in the Supreme Court of the State of North Dakota ..
North Dakota. Supreme Court. [from Old Catalog]
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Carr, 52 N. Y. 257 ; Meyer v. Elev. Co,, 80 N. W. Rep. 189 ; Nightingale v. Barens, 47 Wis. 389; Pico v. Cuyas, 47 Cal. 180. In many states it is held that a deed and contemporaneous agreement to reconvey on payment of the amount of the indebtedness owing by . the grantor to the grantee is conclusively presumed to be a mort- gage. Clark V. London, 51 N. W. Rep. 357; Watkins v. Williams, 31 S. E. Rep. 388; Kelley v. .Leachman, 29 Pac. Rep. 849; Snow v. Pressey, 20 At. Rep. 78; Copeland v. Yoakum..., 38 Mo. 350; Gunn's Appeal, 10 At. Rep. 498; Weisham v. Hocker, 54 Pac. Rep. 464; Frey v. Campbell, 3 S. W. Rep. 368. In other jurisdictions where a deed is executed and an agreement to reconvey given back as part of the same transaction, presumptively- the deal is for security and not an absolute sale. Mears v. Strobach, 40 Pac. Rep. 621 ; Keith- ley V. Wood, 38 N. E. Rep. 149; Crosby v. Buchanan, 1 So. Rep. 898. When the evidence leaves the mind of the court in doubt the transaction should be held a mortgage.
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