Bowen v. Gilbert

Tbe defendant borrowed from plaintiff tbe sum of $650, and secured tbe repayment of tbe loan by a lien upon a tract of town property owned by her. In effecting this transaction, tbe defendant, instead of giving- a mortgage in tbe ordinary form, executed and delivered to plaintiff a warranty deed of tbe premises, and received tbe plaintiff’s written agreement to reconvey tbe same upon payment of tbe debt according to tbe terms incorporated in tbe writing. At tbe date of tbe conveyance and contract to reconvey there existed a prior duly recorded mortgage upon tbe same premises, held by a…