Rowe v. Burrup

SHEPARD, Chief Justice.

This case involves the conveyance of certain real property and thereafter an action by the grantor seeking to .impose a trust, seeking an accounting, asking that the conveyance be treated as a mortgage and that the mortgage be foreclosed, and lastly, damages for forceful entry.

Although a demand for a jury had been made, the case was tried by the court who treated the matter as essentially equitable in nature and attempted in its judgment to balance the equities. The title to the real property was revested in the grantor subject to an equitable lien in the grantee.…