Herrmann v. Churchill

The plaintiff brought this action to recover from the possession of the defendants certain lands which had been conveyed by deed from defendants to the plaintiff. The defendants filed an answer and cross-complaint in equity alleging that the deed was in effect a mortgage given to secure a debt due from defendants to plaintiff in a certain sum, and that they “were ready, willing and able to repay [that sum] * * * upon plaintiff furnishing to defendants a

sufficient deed to the property.”

The defendants prayed relief, as follows:

“1. That the deed described in the complaint from the Benders to W.…