Noelker v. Wehmeyer

DOERNER, Commissioner.

Plaintiffs by this action sought the ejectment of defendants from certain land in Warren County. Defendants filed an answer and a counterclaim in which they alleged that their deed to plaintiffs had been procured from them by fraud, and asked that it be cancelled and the real estate ordered reconveyed to them upon payment of their admitted indebtedness to plaintiffs. The trial court entered an interlocutory decree in which it found that the deed from defendants to plaintiffs had not been procured by fraud, but that it was intended as an equitable mortgage to secure the'…