Supreme Court of Minnesota June 14, 1898, Nos. 11,026-(128) (Staughton v. Simpson)

CANTY, J.1

This is the second appeal in this action. See 69 Minn. 314, 72 N. W. 126. After the mandate on the last appeal was filed in the court below,' the case was again tried, and the court found that the quitclaim deed from De Graff to defendant was intended by all parties as a mortgage to secure the payment to defendant of the $3,864.18 paid by him to De Graff on March 28, 1877.