Polish Peoples Home Ass'n v. Atlas

The bill in this case presents for decision, first, whether the warranty deed of complainant, the Polish Peoples Home Association, to the defendant Stanley V. Atlas, of date June 9, 1925, was what upon its face it purported to be, or was in fact a mortgage to secure to Atlas payment of moneys then or thereafter to be advanced by him for the grantor; and secondly, if it be decided to be a mortgage, then how much is necessarily to be paid to Atlas to effect a redemption.

The learned chancellor, after a somewhat protracted hearing, decreed that the warranty deed, in equity, was a mortgage, and…