Creighton v. Hoppis

Elliott, C. J. —

In February, 1870, Wesley Creighton ;and his wife executed to the appellant a deed for a tract of land. Since the execution of that instrument Wesley Creighton has died, and his widow has married Solomon Hoppis, her co-appellee. The instrument is in form and terms an absolute deed of conveyance, and the appellant asserts title under it as such. The appellees contest the right of the appellant to possession, upon the ground that although the deed is absolute on its face, yet it was, in fact, nothing more than a mortgage.

The grantors remained in possession of the land, and…