Somers v. Wheeler
Somers v. Wheeler
Opinion of the Court
Lots Nos. one and nine, in controversy, owned by plaintiff, were on the 11th day of July, 1874, at sheriff’s sale, sold to Nancy A. McKean for the sum of $669.07. About the last of October, 1874, the certificate of purchase was assigned to the defendant, and, on the 30th day of July, 1875, defendant procured a sheriff’s deed therefor. The plaintiff claims that the transaction whereby defendant became possessed of the certificate of purchase was a loan to plaintiff, upon from three to five years time, of money to effect redemption from Mrs. McKean, and that the certificate of purchase was assigned to defendant as a mere security for repayment, and was held by him in lieu of a mortgage. The defendant, upon the other hand, maintains that he bought the certificate of purchase from Mrs. McKean, and that, at the expiration of the period of redemption, he was entitled to a sheriff’s deed. The case presents solely this question of fact. Each member of the court has read the evidence with care, and has each come to the conclusion
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.