Hume v. Lindholm

YORK, J.

The defendant has appealed from the judgment rendered against him and from an order denying his motion to set aside the judgment. Because of another appeal by plaintiff, it may avoid confusion if we refer to" the parties to this appeal as plaintiff and defendant.

The action is for money due on contract. A decision was announced by the trial court in favor of plaintiff on submission of the case on May 23, 1922, and plaintiff’s attor

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neys were directed to prepare findings. The decision announced from the bench was “in favor of plaintiff and against the defendant for the sum claimed.” The sum claimed was $800.40, with interest at seven per cent per annum from July 30, 192Í.

But the findings of fact and conclusions of law were not filed until August 16, 1922. Those findings declared, among other things, that under the terms of a certain contract between plaintiff and defendant, the defendant promised to pay plaintiff $800.40, with interest at seven per cent per annum from July 30, 1921—that the defendant in attempting to liquidate his said indebtedness to plaintiff delivered to her a grant deed dated August 11, 1921, purporting to convey to her certain described real estate; that plaintiff never accepted said deed “nor recorded same, but still has possession thereof”; that no part of said $800.40 has been paid or any interest thereon.

As conclusions of law the court found that plaintiff was entitled to judgment against the defendant for the sum of $800.40, together with interest thereon at the rate of seven per cent per annum from July 30, 1921, “upon condition that plaintiff surrender and deliver up to the clerk of this court for cancellation the deed hereinabove described within twenty days from the date hereof; that defendant is entitled to judgment against plaintiff; that plaintiff has no right, title, or interest in or to the real property described in said deed.”

On the twenty-sixth day of March, 1924, a judgment was entered on said findings and legal conclusions in accordance therewith, except that said judgment was “upon condition that plaintiff surrender and deliver up to the clerk of this court for cancellation upon the filing of this judgment a certain grant deed dated August 11, 1921, wherein defendant is named as grantor and plaintiff as grantee, and that the said finding of fact and conclusion of law imposing the condition ‘that said deed above mentioned be delivered within twenty days from the date of said findings, be and the same is hereby amended so as to permit the delivery of said deed to the clerk . . . for cancellation upon the filing of the judgment.’ ” The judgment quiets defendant’s title to the land described in the deed as provided in said conclusions of law originally filed. The deed was filed with