White v. Nichols

Opinion op the Court by

Judge'Settle

Affirming.

The question presented for decision in this case is, whether an instrument of writing purporting on its face to be a deed, should be declared a deed or mortgage. The appeal is from a judgment of the Caldwell circuit court declaring it a deed.

The action was brought against the appellee by the appellants, widow and seven children of Peter White, deceased, the widow suing as such; also as administratrix of the decedent’s estate and statutory guardian of *336five of the children, who are infants; the infants in their own right and by their statutory…