Walter v. Calhoun

The opinion of the court was delivered by

Porter, J.:

In a suit which involved other matters the appellee, Calhoun, filed his answer and cross petition on December- 31, 1904, against Ed. Anderson, and sought to have a deed absolute in form executed by him to Anderson on December 15, 1902, declared to be a mortgage, and for a decree permitting him to redeem. The court submitted to a jury in an advisory capacity the question .whether the parties intended the deed as a mortgage and as security for an indebtedness. The jury answered in the affirmative. Independently of the verdict, the court came…