Ver Straten v. Worth

delivered the' opinion of the court.

The object of the action is to have a quitclaim deed of land, absolute on its face, declared to be a mortgage. The trial court, without aid of a jury, found all the issues of fact for the plaintiff Worth and rendered the appropriate decree to restore to him his rights in the land and, as a part of and incidental to the principal relief as between the parties to the deed, required the defendant producing company, which had been and still was and is in possession of the land as a lessee from both grantor and grantee and operating the same for oil and gas, to…