Freepons v. Elliott

This action was begun by appellants suing to have a certain sheriff’s deed, which had been issued to respondents Elliott, decreed to be a mortgage to secure the sum of $1,500 and unpaid interest, and that the deed be held by respondents Elliott as security only. Appellants further asked that respondents Bender be adjudged to have no right, title or interest in the premises or any part thereof, and that the title of appellants be quieted in them.

After issue being joined on the separate answers and cross-complaints of respondents Bender and of respondents Elliott alleging a balance due them…