Moore v. Beverlin

The purpose of this action is to have a deed, absolute in form, declared a mortgage. The plaintiffs, Elvin D. Moore and Mary E. Moore, were husband and wife, and the land involved was their homestead. After the death of Elvin D. Moore the action was revived and carried on by the administrator of his estate.

On January 13, 1925, plaintiffs borrowed $13,000 from defendant, Beverlin, and executed a mortgage to him covering the land in question as security for payment of the loan. On January 13, 1930, the loan was renewed in the sum of $14,000 to cover principal, defaulted interest, and unpaid…