Foster v. Gunnels

The question is whether certain deeds were intended to be mortgages. The chancellor found that the parties so regarded them and that there was no estoppel.

J. A. Foster and N. W. Gunnels are farmers residing in the same community in Columbia county. Foster is 80 years of age. Gunnels is 57. In 192Í Gunnels borrowed $2,860 of Foster. As security a deed of trust was executed by Gunnels and bis wife.

January 30, 1924, Gunnels’ indebtedness to Foster amounted to $3,153.91. At that time a warranty deed in Foster’s favor was executed. Gunnels then remained in possession, having delivered to Foster…