Mason v. Finley

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an action to have the Court declare that a certain deed, absolute on its face, but accompanied by a contemporaneous agreement to reconvey the property to the grantor upon the payment of a certain sum of money at a given time, should be construed as a mortgage, with the incidental right of redemption, and not as it appears on its face, an absolute deed;'the condition for a reconveyance not having been performed.

The facts appear to be as follows:

On January 20, 1920, the plaintiff Mrs. Mason, the owner at that time of an…