Hooper v. Reed

The case made by the amended bill is this: A. contracted to sell real estate to B. B. borrowed from C. the money to meet the cash payment, and caused A. to execute to C. an absolute deed of conveyance intended as a mortgage to secure the loan. Upon payment of the mortgage debt C. was to convey the property to B. B. gave A. his notes for the deferred payments of purchase money. The entire agreement, so far as it defined the rights of B. rested in parol. Neither A. nor O. gaye him any writing. Thereafter B. paid to C. all or a portion of the mortgage debt, and paid a portion of the deferred…