Crockett v. Nish Et Ux.

WOLFE, Chief Justice.

'Suit in equity to have a deed, absolute in form, declared to be a mortgage. Defendant, Stanley Nish, filed a disclaimer. Defendant Alice E. Nish filed a counter-claim for a decree quieting title in her. The court entered a decree quieting title in defendant Alice E. Nish and the plaintiff appealed.

Since this is a suit in equity, it is our duty under Art. VIII, Sec. 9 of the Constitution, to review the facts. In examining the transcript to determine what our conclusions from the evidence will be we are to make an independent analysis of it. If at the end of that…