Carlisle v. Blackmon

LAWSON, Justice.

This is a bill in equity by Mattie E. Car-lisle against G. F. Blackmon and wife, seeking to have a deed declared to be a mortgage and to be allowed to redeem the land in an exercise of the equity of redemption.

The trial court decreed the instrument to be a deed and not a mortgage. From that decree the complainant has appealed to this court.

Where, as here, the controversy is whether the parties contemplated an unconditional sale or a mortgage, the seller must show by clear, consistent and convincing evidence that it was intended by both parties that the conveyance should…