The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-06-01
Decision

On February IS. 1893, 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
paint, and at the same time plaintiff
executed to him bond for deed
whereby he agreed 10 re-conyey the
property on or before February IS,
1898, provided that he was paid on or
before that date $500, and also S36
annually. On February 8, 1896 plant
If loaned Bernard the additional sum
OF 5000 aad accepted as security Tor
$1,000, ana interest deed made
70 plaintiff 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
new bond, dated February 8, 1896,
conditioned that plaintiff would make
and deliver good and sufficient con-
provided Plaintiff was paid $1,000 on
or before January !, 1900 and also
$50 annually, and further provisiOned
that 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 short time be-
fore his death indicate that the only
payments were on interest to the
9Th. day of February 1897. He died
the following year and letters test
amentary were issued to his widow
Mrs. Harriet Bernard who has since
married c. j. Orth. Plaintiff de-
mand arising out of the above tran
sactions was presented against the
estate and by her as executrix was
rejected on August 20. 1898. There
is testimony indicating that she had
previously recognized the demand by
endeayoring to borrow money for its
payment. 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, $173125 and
376.4o costs. found due to plaintiff,
she appeals.
The we'll settled doctrine that a
deed executed merely for the purpose
of securing debt will be construed
as a mortgage IS not assailed, but Tor
appellant it is contended that as suit
was not brought until April, 1904,
more than six years after the last
loan and the giving of the last bond
on February 8. 1896. and more IMAM
four wears after the time. January l.
7qoo fixed tor a conveyance there
under conditioned on payment, the
action is barred by the statute oil
Limitations. 1t is said that
by executing written release Of the
first bond and accepting a new one
instead, at the time he borrowed
the last amount. 5000, Bernard did
not sign any writing agreeing to
pay or acknowledging a debt, and
that therefore the obligation to pay
on his part was merely verbal and
: would be barred in four years. We
do not so view that transaction. Mos,
instrument in daily use. such as deeds
mortgages, notes, orders, drafts AMI
checks are signed by only one of the
parties. but are not for that reaso,
verbal nor half verbal. Although Der
nard executed no note or writins
agreeing to pay any money, he signed
deed absolute in terms conveyinf
the property to plaintiff, and by thi!
suit and the decree no more Is sough
than he under his signature oblisatet
himself to yield. In equity the ex
tens" of the time for . reconvey
ancs: py plaintiff, given by the sur
rendc of the first bond and the ex
ecution Of . new one orsht to b.