Sturgis v. Hughes

This is a suit in ejectment, brought by appellants to recover from appellee • the possession of the northwest quarter, section 36, township 8 south, range 17 west. A former suit in unlawful detainer had been brought, in which it was alleged that appellee, Hughes, was in possession, without right, either as tenant or otherwise. That suit was dismissed and the instant suit was brought. Hughes filed an answer, in which he alleged that a certain instrument executed by him, and relied upon by appellants as the basis of their suit, was in form a deed', but was in fact a mortgage, and he prayed that…