Revely v. Hatcher

CLAY, Commissioner.

Appellant brought this suit to have himself adjudged the fee-simple owner of property conveyed to him by appellee. He appeals from the judgment declaring him a mortgage lien holder.

In September 1945, a bank had foreclosed a mortgage on appellee’s town lot. Before sale under the judgment, appellant paid off the bank’s mortgage.

On September 11, 1945, appellee executed to appellant a deed wherein she conveyed him absolutely a fee-simple title to the property. However, at the same time the parties executed a collateral agreement. It recited that appellant had paid off the…