First Nat. Bank v. Thomas

This is a suit upon a recorded notarial act which, on its face, purports to be a cash sale of the property described therein, with the right reserved to the vendor to redeem the property within a fixed time. The redemption clause is in the following words:

“it is understood and agreed that if this amount or such part thereof as is due on January 1, 1909, is taken up this Deed is to be made back to me otherwise to be in full force and effect.”

The right reserved in the quoted clause was not exercised, and after the lapse of about 17 years this suit was filed.

The prayer of the petition is for a…