Talley v. Eastland

Opinion of the Court by

Drury, Commissioner

Reversing.

From a judgment bolding a certain instrument to be a deed and not a mortgage, Mrs. Tylene Talley et al. have appealed.

The Facts.

Some years ago R. E. Butler died intestate and without issue leaving bis mother, Nancy Hill, as bis sole heir. The First National Bank of Princeton, Ky., became bis administrator.

Among the assets that came into its bands were some notes signed by J. Fred Talley and secured by mortgages upon a farm in Caldwell county, Ky. Subject to these liens this farm then belonged to J. Fred Talley in fee simple.

On October 3,…