Smith v. Player

The plaintiff, Henry Smith, appeals from a judgment refusing to set aside a deed and reform it into a mortgage.

In 1977 Smith acquired 11 acres of land. Shortly thereafter, he purchased a mobile home with loan proceeds of approximately $7000, from a loan with Avondale Credit Union, which was secured by a mortgage on the property. Smith made payments on this loan until 1986, when he lost his regular job. Smith defaulted on the loan, and foreclosure proceedings were instituted. At that time, Smith owed approximately $2,700 on the loan.

Smith testified that after he lost his job he did some work…