Tygret v. Potter & Co.
Court of Appeals of Kentucky
Case 11 — PETITION EQUITY APPEAL PROM WARREN CIRCUIT COURT. I. The deed and defeasance executed in October, 1889, are to be regarded as one paper; and when so considered they constitute a mortgage. (Jones on Mortgages, vol. 1, sec. 250; 4 Wait’s Actions and Defenses, p. 517, 519; 3 J. J. Mar., 85; 6 Ky. Law Rep., 366;-Maxwell on Code Pleading, 536; 88 Ky., 199; 8 Bush, 687; 9 Ky. Law Rep., 714, 856.) 2. In all doubtful cases the chancellor will lean to the mortgagor..
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Case 11 — PETITION EQUITY APPEAL PROM WARREN CIRCUIT COURT. I. The deed and defeasance executed in October, 1889, are to be regarded as one paper; and when so considered they constitute a mortgage. (Jones on Mortgages, vol. 1, sec. 250; 4 Wait’s Actions and Defenses, p. 517, 519; 3 J. J. Mar., 85; 6 Ky. Law Rep., 366;-Maxwell on Code Pleading, 536; 88 Ky., 199; 8 Bush, 687; 9 Ky. Law Rep., 714, 856.) 2. In all doubtful cases the chancellor will lean to the mortgagor.. (Skinner v. Miller, 5 Litt., 84.)' 3. Courts of equity will look to the substance of a conveyance. (9 Wheaton, 489.) 4.…
1Opinion of the CourtChief Justice Pryor
delivered tiie opinion oe the court.
The appellant, Tygret, being indebted to the appellees, P. J. Potter & Co., in the sum of $4,242, executed to them his note payable in twelve months from date, and secured by a mortgage on several tracts of land, containing about one hundred and fifty acres.
After this note matured the appellant, not being able to make payment, and the debt amounting to $4,67S.60, with *56its interest, appellees purchased the land and surrendered the note, the appellant executing an absolute conveyance, acknowledging the receipt of the purchase money, the deed containing the…
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