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Peugh v. Davis

United States Supreme Court

96 U.S. 332 (1877)

Relevant factsFree

Peugh (plaintiff) borrowed money from Davis (defendant) multiple times, each time giving Davis a deed to his property drafted as an outright sale, though the first such deed was returned once repaid; when Peugh could not repay a later loan, he borrowed still more from Davis and executed an instrument reciting a prior "sale" along with a receipt for the supposed full purchase price. Peugh sued to redeem the property; the lower court ruled for Davis.

IssueFree

Whether a deed will be construed as a mortgage if it is executed as security for a loan.

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