Anderson v. Combs

SCHEINEMAN, J.:

This is an action to have a deed declared a mortgage, and for an accounting and reconveyance of the premises. Plaintiff had executed a deed to defendant, and received an exclusive option to repurchase the property in ninety days. Plaintiff contends that these documents and other circumstances evidence a loan transaction, rather than an absolute conveyance. After hearing the evidence, the chancellor found for the defendant and entered a decree in his favor.

Much of the testimony is conflicting, but certain facts are conceded or established by overwhelming weight. These will be…