Stowe v. Weir

Suit on note. Answer: that the same was given to one Mary Daum for a part of the consideration of certain lands purchased of Henry Daum, husband of said *342Mary, a large part of said consideration being paid; that as a part of said consideration, &c., said lands were to be delivered into the possession of said defendant; that said Dawn refuses, &c, to deliver said possession, and has instituted a suit that is still pending, to annul the said contract of sale,' on the ground that said transfer was and is a mortgage only, although absolute on the face of the deed, &c.

A. Steele and H. D. Thompson,…