Smith v. Thompson

By her bill in this cause complainant, appellee, sought the cancellation of a conveyance she had made to appellant of certain lots in or near the city of Mobile. The conveyance in question was in form a deed without defeasance; but complainant averred, in effect, that it was intended to operate as a security for the debt of her husband, N. F. Thompson, and was therefore null and void under the statute (Code, § 4497). Defendant’s contention was that the instrument expresses the whole agreement between the parties, and while it was not, or rather is not now, controverted that the property…