Wells v. Hilburn

Mr. Presiding Judge Ryan

delivered the opinion of the Commission of Appeals, Section B.

The questions involved are whether certain deeds of conveyance to real estate coupled with an agreement by the grantee to reconvey upon payment by the grantors to the grantee of certain sums of money, under the particular facts in this case, constitute a conditional sale or a mortgage, and if a mortgage, whether the mortgagors are barred by their laches and the statute of limitations from asserting any claim to the property in question.

This is an action in trespass to try title begun by Maceo Johns, his…