McKinney v. Gainey

The only question to be determined herein is whether, on the pleadings and evidence in the suit, the chancellor below erred in decreeing that the conveyance of certain lands by the appellee to the appellant, by warranty deed absolute on its face, was in fact and in law merely a mortgage to secure the payment of money.

This Court has repeatedly held, under the governing statute, which provides that "all deeds of conveyance, obligations conditioned or defeasible, bills of sale or other instruments of writing conveying or selling property either real or personal, for the purpose or with the…