Page:North Dakota Reports (vol. 48).pdf/508

 of Bismarck, N. D., according to the plat thereof on file and of record in the office of the register of deeds in and for Burleigh county, N. D., free and clear of any lien, claim, or demand in and to the same or any right, title, or estate therein by or of the plaintiffs.

The only error specified by plaintiff is that it desired a review of the entire case in this court. The principal point to be determined is whether there was an actual bona fide sale in May, 1916, of lots 7 and 8, block 40, of the Northern Pacific Second addition to the city of Bismarck, by Andrew Person, in whose name the title of the premises then stood, to Edla R. Person upon the terms and for the consideration as claimed and testified to by them.

The evidence is so abundant in this respect that it may be termed almost conclusive. It clearly shows that the agreement was then made, and that the defendant then made a first payment thereon in the sum of $4,000, which were for advances which Edla R. Person had prior thereto made to her husband. It further shows that she borrowed $7,000 from her father, and in the spring of 1917 paid that sum to her husband as a part of the purchase price of the property in question. The defendant Edla R. Person, in the spring of 1916, commenced the erection of ‘Person Court” on said lots, the construction thereof being under the supervision of her husband. The title of the premises at this time still remained in her husband’s name. About 1916 she obtained a loan for the sum of $27,750 from the Dakota Trust Company, executing a mortgage therefor on these premises signed by herself and husband, and this was filed June 15, 1916. Thereafter she made a further loan with the First National Bank of Bismarck for $7,000 and became indebted to the Carpenter Lumber Company for the sum of $3,000, and to Chas. Anderson in the sum of $2,000. These sums, including the amount she had paid her husband, aggregated about $50,750 which represented the cost of the property in 1916 to the defendant. Andrew Person purchased lots 7 and 8 in 1909 for $1,500, and then erected thereon a duplex house of the value of about $8,000. He also owned lot 1, block 18, River View addition to the city of Bismarck, valued at about $500; he erected a dwell- ing house thereon of the value of about $2,500. In 1916 he sold all these, and as well his personal property, valued between $1,075 and $1,500 to his wife. He at that time owed on all the property about $4,500. His equity in the property was something more than $9,000. The evidence fairly shows the foregoing facts, and further shows that defendant had paid