David Bradley & Co. v. Helgerson

Citations

• 14 S.D. 593
• 86 N.W. 634
• 1901 S.D. LEXIS 63

Syllabus

<p>Under Comp. Laws, § 4348, providing that every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage, a warranty deed given by defendants to plaintiff’s agent as trustee to secure the payment of their notes given to plaintiff is a valid mortgage, though the grantee is called a trustee, and no trust is declared in the deed.</p>