Graves v. Wheaton

This adtion was instituted to foreclose a real estate contract but the court changed its nature by concluding that the transactions out of which the litigation arose constituted a mortgage, as contended by the answering defendants, and ordered a sale of the premises involved. Plaintiffs, whose status under this determination is that of mortgagees, appeal from only that part of the judgment which gives to the owners of the premises, the successors in interest of the mortgagors, the right to possess them during the period of redemption.

The Graves on June 7, 1957, loaned Hal D. Wheaton $6,000.…