Batcheller v. Batcheller

The burden was upon appellants to prove that this agreement was in fact a security for a subsisting indebtedness. It is not enough that the proof shall merely show a parol agreement to reconvey ; there must be a continuing valid indebtedness secured by it, which may be enforced by appellee in an action at law, or it is not a mortgage, whatever else it may be. Fisher v. Green, 142 Ill. 80; Freer v. Lake, 115 id. 662; Sutphen v. Cushman, 35 id. 186; 3 Pomeroy’s Equity (2d ed.), sec. 1195, note 1.

The agreement here recites that Charles W. and Annie Batcheller have been paid by Noah S. Batcheller…