Davidson v. Iwanowski

The claim that the warranty

deed is a mortgage, upon which the majority opinion is based, and the claim of abuse of a confidential relationship, upon which the decree of the trial court was entered, are afterthoughts, unsupported by proper pleading or sufficient evidence.

When the complaint was filed defendant answered under oath “that said deed was signed by her under threats of bodily injury, and when she signed said deed she did not know what it contained, being excited and under fear.” Issue was joined and a hearing had before a master, but no testimony was offered in support of these…