Leech v. Hillsman

This case presents but a single question of law, there being no real controversy as to the facts. The question is, can a creditor of 'a party to whom land is conveyed by deed absolute on its face, but which in fact was but a mortgage, to secure the conveyee from liability as surety of the conveyor, obtain a valid title to the land by execution levied and sale made on judgment against the conveyee, as against the claim of the mortgagor or conveyor, who has paid the mortgage debt, and thereby entitled himself to a reconveyance — or even without this, the question may be stated *748thus: Can such a…