Kerns v. Kerns

This is an action in equity, in substance, to have a deed declared to be a mortgage, to have an accounting, and to be allowed to redeem. The trial court found for the defendants. and against the plaintiff, and dismissed the action with prejudice. Plaintiff appeals. We affirm the judgment of the trial court.

The following facts are not in dispute. Plaintiff is a son of the grantors in the deed, and. the devisee of the property by the will of his mother, if the deed is set aside. Defendant Norman E. Kerns is also a son of grantors. Kathryn F. Kerns is his wife. Defendants herein will be referred…