Donohoe v. Landoe

MR. JUSTICE ANGSTMAN:

This action was brought to have a deed to certain described real property adjudged to be a mortgage and for an accounting of rents and profits. The case was tried to the court without a jury.

The facts giving rise to the controversy. as shown from the evidence and findings of fact and conclusions of law made by the court may be briefly stated as follows. The land in question was purchased by the plaintiffs on the 11th day of July 1945 for the sum of $11,475. Of this amount $8,865 was borrowed by the plaintiffs from Charles W. Osborne and a mortgage was given to Osborne to…