Starns v. Adams

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Starns from judgment declaring an instrument in the form of a deed, to be a mortgage, and awarding plaintiff Adams fee simple title to 105 acres of land.

Plaintiff Adams sued defendant Starns to declare a general warranty deed under which plaintiff’s grandmother Mary Etta Adams conveyed 105 acres of land to defendant, to be a mortgage. Defendant denied the deed was a mortgage, and alternatively asserted title to the property by adverse possession for ten years. Trial was to the court which rendered judgment for plaintiff, holding…