Brockington v. Lynch

The opinion of the Court was delivered by

Mr. Justice; Cothran.

Action to have a deed declared to be la mortgage. Decree below from plaintiff, and defendant appeals.

The controversy arises out of the following facts:

On June 12, 1914, the plaintiff, Brockington, owed the defendant, Lynch, the sum of $14,196.32, evidenced by three notes secured by mortgages, then past due, executed at different times. Brockington was unable to pay, and Lynch was pressing for his money.

On the day mentioned above, Brockington and Lynch entered into what is termed “an escrow agreement.” It provided that a fee-simple…