Miller v. Cloney

The opinion of the court was delivered by

Johnston, C. J.:

The principal question involved in this action was whether a certain instrument in form a deed, was in fact a mortgage.

On September 27, 1915, the plaintiff John H. Miller executed an instrument which purported to convey legal title to real estate in Pittsburg, to Thomas R. Cloney, for a named consideration of $2,000. Plaintiff alleged that he owned the property; that a mortgage amounting to $539.75 was about to be foreclosed and the property sold; that being uneducated in the English language, and un*539familiar with business methods and…