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BOGK v. GASSERT

No. 179.

149 U.S. 17 (1893)

13 S.Ct. 738

37 L.Ed. 631

BOGK, v. GASSERT.

Supreme Court of United States.

Decided April 17, 1893.

Attorney(s) appearing for the Case

Mr. Edwin W. Toole and Mr. William Wallace, Jr., for plaintiff in error.

Mr. W.W. Dixon, (with whom was Mr. Martin F. Morris on the brief,) for defendants in error.

MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.

The action in this case was upon the lease of a city lot and certain mining claims, and a judgment was demanded for the restitution of the premises, and for damages for detention. The answer set forth in substance that the lease was one of a series of contemporaneous agreements, consisting of two deeds, an agreement to reconvey and a lease; that the deeds were intended as a mortgage; and...

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