Mosley v. Cavanagh

This is a suit in equity to have a deed absolute on its face declared a mortgage and to require defendant to convey the described real estate to plaintiff upon the payment of such sum as the court may find due.

In substance, the petition of plaintiff (appellant) alleged: that he had an option to purchase certain described real estate from one Wolff for the sum of $10,000, of which he agreed to pay $4,600 in cash and assume an existing deed of trust for $5,400; that he borrowed the required cash payment from defendant and had Wolff make a deed direct to defendant, subject to the existing deed…