Hursey v. Hursey
West Virginia Supreme Court
Appeal from Circuit Court, Harrison County. Bill by Augustus M. Hursey against John H. Hursey and others. Decree for plaintiff. Defendants appeal.
1Opinion of the Court
POEEENBARGER, PRESIDENT:
By this appeal, thé soundness of a decree of the circuit court •of Harrison county, declaring a deed absolute on its face, to be, ■and to have been originally intended by the parties to be, a mort■gage, and the debt secured thereby to have been paid off, and •ordering a reconveyance of the land to the grantor, is questioned. Hence, an examination of the findings of fact in the case, as well as the law upon the subject, is necessary.
The tract of land involved is small, containing only twenty-•eight and three-fourths acres, and was not of great value at the ■date of the…
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