Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-28
4 PECULIAR SUIT.
Property of the Late Morris Lamprey BE
ing Disturbed by Litigation.

decision was rendered By Judge Simons
Yesterday in the case of James K Goodhue
against Eve Lamprey, administrators of the
estate of the late Morris Lamprey. The decis-
ion is important, as it involves the question as
TO the validity of deed given as security for
money loaned on real estate. The points set
forth in the allegations of the complaint are as
follows: In September, 1873, and during the
year 1875 plaintiff procured two separate loans
amounting in all 10 SIG, 600, secured by mort
gage deeds on property owned by plaintiff and
situated in blocks Nos. 90 and 81, st. Paul
Proper.
The deeds Wee given in the shape of mort.
CAGES, and intended merely to secure the
money. Between the years 1873 and 1879 the
defendants collected money from rents, etc..
amounting to so, 400, and during the same
time he dlsbursed the sum of 81 800 in paw
ment of taxes, interest and insurance. In ad-
dition TO the above, the defendant lifted a
former mortgage the property in 1879,
amounting to $4,000, thereby releasing it from
other membranes. The total amount al
legged to havei been paid out by the defendant
in maintaining the property from the year 1873
to 1879, is stated as SCI 800.
In giving his decision the court hold that
while the deeds were absolute in form they
must be viewed in contemplative equity as
mortgages upon the real estate; that to the
deeds one annexed the right of the plain
TIFF to redeem the property upon payment. to
the personal representatives of deceased, with
In such reasonable time as shall be appointed
by the court, of the amount of money loaned
and otherwise advanced by the defendant
That the plaintiff is the owner in fee simple
of said real estate and as such owner is entitled
to lredeem the same and may redeem the same
within six months from the date hereof, to-wit
March q, 1880, by paying to the said Eve
Lamprey, administrative aforesaid, or to the
person who at the time of such
redemption in the lawful personal representa-
tive of the said Morris Lamprey, deceased, the
amount then due from the plaintiff to said
estate, and secured by said mortgage. That
before such redemption is made further &C
count be taken herein of the amount of the
rents and income arising from said first
described real estate, and which has been col
lected by said administrative since November
lst, 1879, and also the money, if any. which
administrators has paid to the plaintiff since
last mentioned date, or for his use or benefit,
or account OF said real estate, and that there
upon final judgment be entered herein adiudg-
ing the amount to be paid by the plaintiff upon
such redemp ton.
That until such redemption is made admins
tratrix is entitled to remain in possession of
said first above described real estate. That
upon such redemption plaintiff shall hold and
possess said real estate free and clear of any
right title. interest, lien or claim whatever,
either in law equity in or to the same, in
the defendants either or any any of them
on account OF, or by reason of the deeds above
set forth. But in default of such payment or
redemption within the time aforesaid the
plaintiff is from thenceforth to stand abso-
lutely debarred and foreclosed of and from all
equity of redemption of, in, or to the said
above described real estate.
Let judgment be entered in accordance here
with, and if parties cannot agree upon terms
thereof, the same will be settled by the court