O'Rear v. O'Rear

Bill to declare an absolute deed an equitable mortgage, or a trust in the nature thereof; to have an accounting as to the state of the mortgage debt; and to divest the title, if fully paid, otherwise to redeem.

The appeal is from a decree overruling demurrers to the amended bill.

Briefly the ease made by the bill is this: Prior to December, 1918, complainant, Martin O’Rear, was the owner of a large body of lands; mortgages thereon had been foreclosed, but his statutory right of redemption had not expired. His two brothers, J. D. O’Rear, and R. A. O’Rear agreed to and did “lend or advance” to…