Potts v. Spatafora

HALL, Judge.

This is a suit by the surviving spouse and heirs of Larkin Potts to have a purported sale with a subsequently granted right of redemption between Larkin Potts as vendor and defendant as vendee declared a security device and seeking reconveyance of the property upon repayment of the amount owed. Plaintiffs’ demands were rejected following a jury trial. On plaintiffs’ appeal, we hold that Larkin Potts voluntarily relinquished possession after the time for redemption expired, thereby perfecting defendant’s title to the property, and we affirm.

On January 6, 1961, Potts signed a deed…