Webb v. Burney

Collard, Judge.

The issue of fact as to whether the deed by Burney and wife to Cole Bros, was intended by the parties to be a mortgage, does not seem to have been decided by the trial judge. His finding of fact upon the question is as follows: “ 19. That the moving inducement to Burney was a fear of prosecution, and that he was not indebted or in default to such an amount as was claimed, and that when the deed was made the real, actual intention was that it should stand as a security for the debt, the consideration, the value of the property,- the demand for" security only, the unwillingness…