104 Iowa 330 | Iowa | 1898
Plaintiff obtained his judgment against James G. Grieve on March 6, 1895, upon a debt contracted in the year 1891. On the twenty-fifth day of February, 1895, Grieve (his wife, Janet, joining) conveyed, by- warranty deed, four hundred and thirty-nine acres of land in Olay county to defendant John Pollock, for the expressed consideration of two thousand six hundred dollars. The deed recites that it is subject to two mortgages, amounting, in the aggregate, to seven thousand four hundred dollars. This deed was recorded March 2, 1895. At the same time, and evidently as a part of the same transaction, Pollock executed a lease to Grieve of all the land described in the deed, for the term of one year, at the agreed rental of eight hundred dollars. This lease was also recorded, on March 2,1895. The defendants pleaded that this - transaction was in fact a mortgage to secure a debt due from Grieve to