Jones v. McKinney

Defendant in error, to whom we hereinafter refer as McKinney, brought an unlawful detainer action against plaintiff in error, herein mentioned as Jones, and had judgment for possession. Action was predicated on a contract of sale of land from McKinney to Jones which contained the usual forfeiture clause. Reversal is sought principally on the ground that the deed under which McKinney asserted title was in fact an equitable mortgage and should be so considered under section 281 of the Code of Civil Procedure.

The land involved was a twenty-acre tract near Pueblo which Jones purchased in 1919…