Wall v. Drasheff

SIMPSON," Justice.

Appeal from interlocutory order sustaining demurrer to amended bill seeking to declare a deed a mortgage.

[1J To convert a conveyance absolute in its terms into a mortgage, the intention and understanding of all parties to that effect must concur. The fact that the grantor intended the conveyance as a mortgage is not sufficient. The grantee must also have so intended and considered it and accepted the instrument as such. Martin v. Martin, 123 Ala. 191, 26 So. 525; West v. Hendrix, 28 Ala. 226; Sewell v. Price’s Adm’r, 32 Ala. 97; Mitchell v. Wellman, 80 Ala. 16; Mobile…