Nagle v. Simmank

McMEANS, Associate Justice.

—J. E. Simmank brought this suit against appellants to set aside a deed executed by himself and wife conveying to Walter Eagle a lot of land in the town of Shelby. He alleged in his petition that being indebted to the said Eagle in the sum of $300 for borrowed money, he and his wife, Auguste Simmank, were induced by Eagle to execute, as security for said debt, a certain instrument of writing conveying said lot, which was in the form of a deed, but which was intended, and was understood by all the parties at the time, to be a mortgage. He further alleged that the lot…