Eaton v. Truesdail

The defendant Wesley Truesdail appeals from a decree declaring certain grants made at his instance to Eaton to be mortgages, and also finding to be due- and unpaid thereon a large amount and ordering foreclosure. ...

*9The grants are absolute on their face, but Truesdail holds a defeasance made by Baton and which professes to explain the nature of the claims to be secured. The instrument is, however, not free from ambiguity in this respect.

When the arrangement arose in 1857 Eaton held admitted cash demands against Truesdail amounting to $24,000, and it was expected by the parties that further…