Beeler v. American Trust Co.

A rehearing was granted herein to permit additional study of the points involved. The further consideration consequently given this case has only served to confirm the conclusions heretofore reached, and accordingly, the following opinion expresses our sustained views.

The defendant, American Trust Company, appeals from an adverse judgment holding that a deed absolute in form was in fact an equitable mortgage. The principal contention presented by the defendant bank as a basis for a reversal of the *4judgment is the familiar claim that the evidence is insufficient to justify the conclusion of…