Klusmire v. Dixon

The opinion of the court was delivered by

Harvey, J.:

Plaintiffs, alleging they were the owners of certain real property and that defendants were their tenants, sued to recover rents claimed to be due. Defendants answered that the deed by which they had conveyed the property to plaintiffs and the lease contract containing an option for them to repurchase the property, on which plaintiffs predicated their suit, evidenced a debt and were intended as a mortgage. A trial by the court resulted in a judgment *872for defendants, holding the instruments created the relation of mortgagor and mortgagee.…