Helton v. Martin

■ Pettit, J.

This suit was brought by the appellee, John Martin, and Melissa Martin, his wife, against the appellant, "Wallace W. Helton, for the possession of lands and damages for the use and occupation thereof. The complaint was in four paragraphs.

The first was in the usual and proper form in such actions.

*530The second was struck out on motion, and no question is-raised as to it.

The third and fourth are, to and in all legal intent and purpose, substantially alike, and allege that the plaintiffs, in form, deeded the lands to the defendant, but that the deed was in fact a mortgage to secure the…