Coleman v. Coleman

Opinion of the Court by

Judge Cammack

— Affirming.

This action was instituted by H. E. Coleman and his wife, Margaret Coleman, to have an unacknowledged deed executed by them to John Coleman in 1942 declared a mortgage rather than a deed. The appeal is from a judgment in favor of the appellees.

A brief review of the facts leading up to the execution of the instrument in question will enable a better understanding of the.case. In 1940, the father of H. E. Coleman, who was heavily involved financially, was-killed in an automobile accident. H. E. Coleman qualified as administrator and it was…