Merryweather v. Pendleton

BERNSTEIN, Vice Chief Justice

(dissenting).

I cannot agree with the conclusion and reasoning of the majority that the transaction in issue was a sale. I do agree with the result reached by the Chief Justice, in his dissent, but again I cannot agree with his reasoning. Therefore, I am compelled to write a separate dissent setting out the criteria which I think must be considered in determining the question presented. The importance and magnitude of the issue presented requires me to set forth and discuss the doctrine of equitable mortgages.

There is no dispute in the facts of this case and…