Butcher v. Stultz

Suit to quiet title to real estate.

There are two paragraphs in the complaint:

One alleging that the real estate mentioned was conveyed by the plaintiffs to the defendant, as security for the performance of a contract, etc., setting out the facts; that the-conveyance was made by a deed absolute on its face, but intended by the parties as a mortgage; that, by agreement, the property was to be reeonveyed when the contract was fulfilled, etc.

The other, the second paragraph, avers the conveyance, as is alleged in the first paragraph; that it was a part of the agreement under which the deed was…