Lautz v. Buckingham

The defendant being the owner of a lot in Greenwood cemetery, conveyed the same to the plaintiff by an absolute conveyance. The plaintiff executed at the *485same time to the defendant an instrument in writing reciting the conveyance, and agreeing to reconvey the same to the defendant on repayment to him of the consideration money, with interest, in one year. He also gave the defendant the privilege of interring in the plat during the year.

The money not having been repaid, the plaintiff treated it ns a mortgage, and commenced this action for the foreclosure of it.

The defendant demurred to the…