Newsom v. Greer

STANLEY, Commissioner.

This is a suit to have a deed, absolute on its face, declared to be a mortgage or mere security for the repayment of a debt. The circuit court found that such was the intention of the parties but the grantors were estopped by their subsequent acts from the right o'f having it declared to be a mortgage. The grantors or mortgagors question the second conclusion. The grantee or mortgagee sustains that but alternatively questions the primary conclusion.

By inheritance and purchase of the interest of other heirs, Sterling Newsom had title to an 8/9th interest and Freeman…