Johnson v. Johnson

*896This is a proceeding to have a deed, absolute on its face, with contemporaneous agreement or option for re-purchase by grantors, declared to be a mortgage. From a decree in favor of the plaintiffs, the defendant, Vernon L. Johnson, appeals. The questions presented are purely legal, there being little or no conflict in the evidence.

On February 17, 1932, Sollie E. Johnson and Virginia A. Johnson, his wife, executed a deed of bargain and sale, absolute on its face, conveying three parcels of real estate situated in the town of Chincoteague, Virginia, to Vernon L. Johnson, in consideration of the…