Moore v. Dawson

The Chancellor.

The first question that presents itself *101is as to the nature of the transaction which took place between Job T. Moore and Oliver Dawson. Are the conveyance from Moore to Dawson and the cotemporaneous agreement by Dawson to re-convey to Moore, to be regarded as constituting in equity a mortgage, or as a sale and distinct contract of repurchase? On this question, the parties do not take any definite position; that is, neither party has chosen to champion either one view or the other.

My judgment is that the facts as set forth in the pleadings and supplemented by the evidence…