Baker v. Patton

HIGGINS, Justice.

The plaintiffs seek to have a cash act of sale with a counter letter, both in authentic form, declared to be a pignorative contract, or a mortgage, or an instrument of security, or an hypothecation. The defense is that these authentic acts represent a cash sale of real estate with a right of redemption — a vente a remere.

There was judgment against one of the plaintiffs on the ground that he proposed to convey his interest and in favor of the other plaintiff, because he only intended to mortgage the property as security for a loan of $200. The plaintiffs and the defendant…