Otts v. Avery

FOSTER,. Justice.

This is a suit in equity by James Thomas Avery and his wife, and seeks to declare that the effect of a certain transaction is the creation of an equitable mortgage, and to enforce the equity of redemption. James Thomas Avery had received from his father a deed to the land, subject to a mortgage to Langham. Thereafter the mortgage was foreclosed, and Langham bought the land, bidding the amount of the debt. Avery then induced respondent to pay Langham an amount which was necessary to redeem the land. She did so, and took a deed from him. Avery and his wife also executed a…