Farley v. Forster

Lively, Judge:

The question presented 'by this appeal is whether a deed dated the 26th day of October, 1922, from C. R. McNutt to Fred Forster, conveying about 22 acres in Mercer county, is in fact a mortgage to secure payment of a debt claimed to be owing by H. F. Farley to Forster; or whether the deed is an absolute one with a limited time allowed to Farley in which to prirchase it from Forster by paying to him the purchase price paid by the latter to McNutt. The lower court decreed the deed to be an absolute one, denied relief to Farley and dismissed his bill.

The law applicable is well…