applicable to this contract as would apply did the relationship of landlord and tenant exist. Lloyd v. Power, 22 N. W. Rep. 492; Smith v. Meech, 26 Vt. 233; Farnum v. Hefner, 16 Pac. Rep. 324; Wentworth v. Miller, 53 Cal. 9.
Burke Corbet, for respondent:
Nowhere in the agreement does it appear, nor was it found to be the case by the court that Barnes extinguished the debt due to him from Brennan; that debt remains unpaid to-day and can be enforced. If a conveyance merely secures a debt, it is a mortgage. If it extinguishes the debt it is a sale, notwithstanding the reservation of the right to redeem. Parish v. Gates, 29 Ala. 254; Smith v. Betty, 31 N. ¥. 542; Hauser v. Camp, 3 Pa. St. 208; Todd v. Campbell, 32 Pa. St. 250; Blodgett v. Blodgett, 52 Vt. 32; Wilmerding v. Mitchell, 13 Vroom 476; Robinson v. Willaby, 65 N. C. 520; Ruffimer v. Womack, 30 Tex. 332; Reeves v. Sebern, 16 Iowa 232; Cooper v. Brock, 41 Mich. 488; Musgat v. Pumpelly, 46 Wis. 660; Slowey v. McMurray, 37 Mo. 113; Moore v. Murdoch, 26 Cal. 514.
The opinion of the court was delivered by
Bartholomew, J. This action was brought to recover the value of certain wheat grown in the year 1889 upon certain described land in Grand Forks county. The case was tried to the court, and the findings established the following facts: One John Brennan had been the owner of the land, and had executed a mortgage thereon, which, on October 6, 1888, was foreclosed, and the land sold, and the time for redemption would expire October 6, 1889. In December, 1888, Brennan executed to plaintiff a chattel mortgage upon all the crops to be grown upon said land in the year 1889, and in March, 1889, he executed to plaintiff a second chattel mortgage upon the same security. Both mortgages were properly filed. On January 2, 1889, said Brennan entered into a written contract with one Edward A. Barnes, as follows: “This agreement, made and entered into the 2d day of January, 1889, between Edward A. Barnes, of Detroit, Mich., party of the first part, and John Brennan, of Turtle River, Dakota, party of the second part, witnesseth, that
