Nebraska Supreme Court December 21, 1934, No. 29100 (Clarke v. Penn Mutual Life Insurance)

Day, J.

This is a suit in equity to cancel a deed. The deed was executed by the plaintiff for a consideration of $1 and an agreement to cancel and deliver to the plaintiff a note secured by a mortgage on the same premises. This was obviously done to avoid a foreclosure suit or other litigation and as a settlement between the parties.