Deloney v. Dillard

Hart, C. J.,

(after stating the facts). It is a well settled principle of equity jurisprudence in. this State that wherever at the time of sale a vendor of land is indebted to the purchaser and continues to be indebted to him after the sale with the right to call for a re-conveyance upon payment of the debt., a deed absolute on its face will be construed by a court of equity as a mortgage. Evidence, written or oral, is admissible to show the real character of the transaction. The law presumes that a deed absolute on its face is what it appears to be, and the burden is on the one claiming it to…