Emerson v. Scott

KEY, Associate Justice.

S. B. Scott brought this suit against W. B. Emerson and a number of other defendants, for the purpose of canceling a deed and removing cloud from title. The deed purported to convey the land to S. P. Emerson, under whom the defendants claim.

The plaintiff alleged that the instrument, though in form a deed, was executed for the purpose of securing a debt, and was therefore a mortgage; that S. P. Emerson, who is now deceased, made a will, by the terms of which he remitted and relinquished unto the plaintiff the indebtedness secured by the alleged mortgage.

The defendants…