West v. Frederick

The appellee, Frederick, who was plaintiff below, loaned a sum of money to the appellant, West, and instead of a mortgage in form, took an absolute deed of the farm occupied by West, and gave him back a contract to re-convey upon the payment of the sum loaned, within one year. The money not being paid at maturity, Frederick brought this action of forcible detainer. Will the action lie?

It is contended by counsel for appellee that this case falls under the statute of 1861, Gross 301, which extends this action to “ all cases between vendor and vendee, where the latter has obtained possession of…