Winston v. Dixon

SIMPSON, Justice.

Bill in equity to declare a deed a mortgage. From a final decree denying relief this appeal has proceeded.

The law governing is well understood. For equity to grant such relief the evidence must be clear, consistent and convincing that both parties intended that the conveyance operate as a mortgage and the transaction must have created a debt for which the grantee may maintain assumpsit. Lindsey v. Hamlet, 235 Ala. 335, 179 So. 234.

It is not alone sufficient to show the grantor so intended, but it must be established by the requisite proof that the grantee also intended the…