McNeill v. Norsworthy
Supreme Court of Alabama
Appeal from the Chancery Court at Troy. Heard before the Hon. M. J. Saeeold. The bill in this case was filed, on the 23d March, 1859, by John A. McNeill, against Pressley Norswortby. Its principal object was, to have a deed for certain lands, which was absolute on its face, established as a mortgageand it also prayed a redemption of the lands under the mortgage when established, an injunction of an action at law instituted for their recovery, an account, and general relief.
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Appeal from the Chancery Court at Troy. Heard before the Hon. M. J. Saeeold. The bill in this case was filed, on the 23d March, 1859, by John A. McNeill, against Pressley Norswortby. Its principal object was, to have a deed for certain lands, which was absolute on its face, established as a mortgageand it also prayed a redemption of the lands under the mortgage when established, an injunction of an action at law instituted for their recovery, an account, and general relief. The deed sought to be reformed, was executed by the complainant and his wife; was dated the 7th September, 1855;…
1Opinion of the CourtR. W. Walker, J.
Where a conveyance is absolute on its face, and. the question is, whether the transaction was an absolute sale or a mortgage, the party who claims that it was a mortgage must prove, either by the admission of the answer, or by clear and convincing evidence, that the original transaction was at the time intended and understood by both parties as a mere security for the re-payment of money. — Seawell v. Price’s Adm’r, 32 Ala. 97. But, where it is shown that the Iiansaction was not an absolute, unconditional sale, but was either a conditional sale or a mortgage, and it is doubtful which of the…
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