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Peugh v. Davis

United States Supreme Court
96 U.S. 332 (1877)


In March 1857, Peugh (plaintiff) borrowed $2,000 from Davis (defendant), payable in two months. Peugh gave Davis a deed to his property, which was written as a sale of the property. The loan was repaid and the deed returned. In May, Peugh borrowed $1,500 from Davis under the same terms as before, but by January 1858, Peugh had not repaid the loan. In February, Peugh borrowed another $500 from Davis and gave Davis an instrument that recited that Peugh had previously sold the property to Davis. He also delivered a receipt for $2,000 purporting to be the full purchase price of the property. Peugh sued to redeem the property. The lower court found for Davis, and Peugh appealed.

Rule of Law


Holding and Reasoning (Field, J.)

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