McClure v. Smith

This case was, by agreement of the parties thereto,, submitted to the presiding judge for determination, without the intervention of a jury, upon an agreed statement of facts. The case as made by the pleadings and this agreed statement of facts was as. follows: On February 2, 1888, John D. Palmour borrowed$2,000 from Marshall L. Smith, giving his note for this amount with interest, and to secure the payment of the same made to Smith a warranty deed to certain described lands, the deed reciting a consideration of $2,000, but not indicating that it was given to secure the payment of a debt. At…