Williams v. Baker

Emery, V. C.

The general equitable rule upon which jurisdiction in this case is invoked is that of declaring a deed, which was, on its face, an .absolute conveyance, to have been merely a mortgage to indemnify the grantee against liabilities assumed by him and another for one of the grantors, and to have the mortgage canceled, because the grantees have been relieved from the liability against .which they were secured. At the hearing I decided that the proofs sustained this claim as to the character of the transaction and as to the discharge of the grantees from liability. The parties…