Moffatt v. Wyman

Minor W. Millwee, Justice.

This suit was instituted by appellees, L. A. Wyman and wife, against the appellant, E. W. Moffatt, to have a warranty deed and contract to repurchase declared to be a mortgage and to permit a redemption therefrom. The parties were formerly neighbors residing in the Milo community in Ashley County. In 1950 appellees’ 40-acre homestead was about to be sold in satisfaction of a foreclosure judgment in favor of R-. L. Craig. Appellees sought a loan from appellant to pay off the foreclosure judgment after the appellant had volunteered to assist appellees in saving their…