Clark v. Finlon

The first question presented by the record is, whether the conveyance of the lands described in the bill was a sale made by the complainant, Finlon, to the defendant, Clark, as shown by the deed upon its face, or was the deed intended to be a mortgage given to secure the payment of money.

This court has often held, that where a conveyance is, in form, absolute, in order to change its character to that of a mortgage the proof must show clearly such was the contract and intent of the parties. Dwen, Exr. v. Blake, 44 Ill. 136; Price v. Karnes, 59 id. 277; Remington v. Campbell, 60 id. 516;…