Bethea v. Mullins

On March 23, 1954, the appellant executed to the appellee a deed absolute on its face purporting to convey and warrant to the appellee, for the recited consideration of $100 cash, forty acres of land described as the SE^ of the SW/4 of Section 33, Township 10 North, Range 19 West, in Simpson County, Mississippi.

Claiming that said instrument was intended as security for a loan of $100 made by the appellee to the appellant, to be repaid on January 1, 1955, the appellant brought this suit in the Chancery Court of Simpson County to have said instrument declared to be a mortgage and cancelled. A…