Bowling v. Duff

CULLEN, Commissioner. ,

P. E. Bowling brought action against Elbert Duff, seeking a declaration that, an' instrument by which he had conveyed his. residence to Duff was a mortgage ráther than a deed, and further seeking to 'be allowed certain credits against the mortgage indebtedness. The court adjudged' that the instrument was an absolute deed, and not a mortgage, and disallowed Bowl-' ing’s claim for credits. Bowling has ap-' pealed.

The transactions between Bowling and Duff were somewhat involved. It appears’ that prior to June 29, 1950, Bowling was indebted to Duff in a small amount,…