Sallee ex rel. Sallee v. King

'The opinion of the court was delivered by

Burch, J.:

The action was one to quiet title against a deed alleged to'be a mortgage, which was in default, and which at the time the action was commenced was unenforceable by foreclosure because of the statute of limitations. The answer was that the deed was not a mortgage, and defendant was in possession. The prayer of the answer was that plaintiffs take nothing, but if plaintiffs were .granted relief defendants’ interest should be protected. The court found defendant was a mortgagee in possession, found plaintiffs were equitable owners, found the…