Reid v. McMillan

The Appellate Court, in affirming the judgment of the circuit court in this case, filed the following opinion, by Shepard, J.:

“Appellees filed their bill in chancery for a sale, to satisfy an alleged mortgage indebtedness, of certain real estate conveyed to them by appellants by a warranty deed absolute on its face, alleged to have been intended as a mortgage. The decree found that, by agreement of the parties, the said deed, though absolute on its face, was intended and understood by the parties to be given simply as a mortgage security for the purchase price of certain stone boug'ht on…