Kolar v. Eckhardt

The opinion of the court was delivered by

Dawson, J.:

The plaintiffs, Vandy G. Kolar and wife, brought this action to have a deed to a ranch in Cowley county declared to be a mortgage to secure whatever sums might be advanced by the defendant grantee to pay liens on the land. They also sued for an accounting and to be permitted to redeem the land by pay*519ing whatever such accounting might show to be due from them to defendant, and to have the deed canceled.

Briefly, the facts pleaded by plaintiffs, and which their evidence tended to prove, were to this effect:

In 1922 plaintiffs were the owners of…