Kimmel v. Bundy

Appellant filed his bill to declare a deed made by him in December, 1911, conveying certain land to appellee, a mortgage and that he be permitted to redeem. Appellee answered, denying the deed was a mortgage or that it was made to secure an indebtedness to him and claiming it was a purchase and that he paid full consideration. On a hearing the chancellor dismissed the bill for want of equity, and this appeal is prosecuted from that decree.

Prior to the time the deed was made appellant had mortgaged the land to the Prudential Insurance Company to secure a note for $1050. At appellant’s request…