McMillan v. Beebe

GARDNER, Justice.

The bill seeks to have a deed declared a mortgage, but unaccompanied by any offer of redemption. On the contrary, the bill discloses complainant’s inability to pay the debt, and his testimony is to like effect.

Complainant has proceeded upon the theory that the court will assum'e jurisdiction merely for the purpose of declaring the deed a mortgage. Though there are authorities sustaining this view (41 Corpus Juris 364, note 37), yet . a. different rule has long been established in this jurisdiction (Micou v. Ashurst, 55 Ala. 607; Bone v. Lansden, 85 Ala. 562, 6 So. 611).

Based…