The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-06-02
Decision

On February IS. 1898, the plaintiff
loaned s4Oo to William Bernard. now
deceased, and to secure the payment .
thereof he decided to plaintiff on that
day the lands described in the COM
plant, and at the same time plaintiff
executed to him a bond for deed
whereby he agreed to re-convey the
property on or before February Is.
1898, provided that he was paid on or
before that date 800, and also $50
annually. On February s, 1896 plant
III loaned Bernard the additional sum
Of 5000 and accepted as security Tor
$1,000. and interest a deed made
n n,aintiff at the time the $500 was
borrowed, and by release made in
writing acknowledged and recorded,
Bernard then relieved him from all
Obligations resulting from the bond
made February IS, 1898, and there
upon plaintiff executed to Bernard
naw bond, dated February 8, 1885,
conditioned that plaintiff would make
and deliver a good and sufficient con-
veyance of the property to Bernard,
provided Plaintiff was paid $1,000 on
Or before January l, 1900 and also
$50 annually, and further provisioned
taat if Bernard paid these amounts
and the taxes he would be entitled to
the use and possession of the premises
A receipt and the statement or ad-
mission of Bernard a short time be-
fore his death indicate that the only
pavments were on interest to the
9Th. day Of February 1897. He died
the following year and letters test
amentary were issued to his wido"
Mrs. Harriet Bernard who has since
married c. J. Orth. Plaintiffs de-
mand arising out of the above tran
sactions was presented against the
estate and by her as executrlx was
rejected on August 90. 1893. There
is testimony indicating that she had
previously recognized the demand ov
erdeavoring to borrow money for It's
navment. On July "a, 1901 the prop
erty was set over to her by decree
OF distribution. From judgment de-
creeing the deed to plaintiff to be
A mortgage and ordering a fore
Obscure and sale of the premises to
satisfy the amount. $1731.25 and
s,s'4o costs. found due to plaintiff
she appeals.
The well settled doctrine that
deed executed merely for the purpose
of securing a debt will be construed
as mortgage IS not assailed, but loi
anpellant it is commended that as sun
was not brought until April, 1914
moro than six years after the ias'
loan and the giving OF the last oohe
IN February s. 1896. and more 'hai
four wears after the time. January !
1900 fixed for conveyance 'Noi0
under conditioned on payment, thf
action is barred by the statute U
,ir,i,.tions 1t is said ina
witt
-,rst bond and accepting new one
instead, at the time he borrowed
the last amount. 5000. Bernard die
not sign any writing agreeing to
pay or acknowledging a debt, ant
that therefore the obligation to pa.
on his part was merely verbal AM
would be barred in four years. W.
do not so view that transaction. Yos
instrument in daily use. such as deed
mortgages, notes, orders. drafts an
checks are signed by only one OF tn
parties. but are not for that reason
verbal nor half verbal Although Be,
nard executed no note or writin
agreeing to pay any money, he signe
q deed absolute in terms conveyin
the property to plaintiff, and by thi
suit and the decree no more Is sough
than he under his signature obligate
himself to yield. In equity the e,
tenz' i of the time for reconve!
am. Dy plaintiff, given by the su
veudc of the first bond and the e.
ecu,ion Of Q new one oCgnt to-