Brinkman v. Jones

44 Wis. 498 (1878)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Jones executed and delivered to Shove a warranty deed for lands that he owned but were in dispute. Shove paid $2,300. The deed was duly recorded that same day. Shove also delivered a contract to Jones in which he agreed to reconvey the land to Jones, his heirs or assigns if Jones paid a stipulated sum within a certain time. The contract to reconvey was not recorded. The court held that this relationship created a mortgagor and mortgagee relationship between Jones and Shove. Shove delivered a warranty deed on the land to P in consideration for $6,000, and that deed was recorded the same day. Jones had occupied the land continuously from 1957 to 1877 when he conveyed the land by quitclaim deed to his son, Alonzo (D) who was in possession when this action was commenced. Verdict was rendered for P and D appealed.