Brush v. Peterson

I. The petition alleges that the plaintiff holds the fee simple title absolute to the lands in controversy. The answer of defendants avers that the conveyance to plaintiff under which he claims the land was given to secure the payment of a promissory note executed by plaintiff’s grantor; *244that plaintiff executed a written agreement binding hiinself •to reconvey the land upon payment of the note, and that the transaction between the parties to the deed is in fact a mortgage. The original answer alleges that moro than ten years had elapsed after the execution of the note and deed, and prior to…