Daniels v. Johnson

This is a suit by the appellant to cancel a deed (conceded to have been in reality a mortgage) by which she and her late husband conveyed a 43-acre farm to the appellee, T. H. Johnson. The chancellor refused to cancel the instrument, holding that the debts secured by the equitable mortgage were neither usurious nor barred by limitations. This appeal is from a decree settling the accounts between the parties and ordering a foreclosure of the appellee’s lien for the balance found to be due.

The proof shows that in 1953 the appellant’s husband, T. E. Daniels, was indebted beyond his ability to…