Pennington v. Napier

Opinion op the Court by

Judge Sims

Affirming.

From a judgment holding a deed executed by Floyd Napier and wife to H. E. Pennington and wife to be a mortgage, tbe Penningtons and other interested persons who were parties to this litigation have appealed.

On Nov. 28, 1940, appellees, Floyd Napier and wife, conveyed to appellants, H. E. Pennington and wife, their farm located in Perry County for tbe recited consideration of $238 cash. Tbe deed described tbe land by metes and bounds but did not give tbe number of acres, however tbe petition recites it contained 160 acres. On tbe same day tbe deed was…