Conklin v. Morton

This was an action by the appellants against the appellees, to recover possession of certain real estate, and to quiet the title thereto.

The answer of the defendant Morton set up that he had an equitable mortgage on the property, and he sought to have his claim adjusted and his lien on the property declared and enforced. Issues were formed, and by the agreement of the parties the cause was referred to a referee for trial.

The referee made his report, to the court, of the facts *77found by him, and among other things he found that there was due -to Morton, on the claim set up by him, the sum of…