Russell v. Southard
Supreme Court of the United States
This was an appeal from the Circuit Court of the United States for the District of Kentucky, sitting as a court of equity. It was a bill filed by Russell, the appellant, to redeem what he called a mortgage, and the question in the case was whether it was a mortgage or conditional sale. The facts are set forth in the opinion of the court. Upon the trial, the Circuit Court dismissed the bill, and Russell appealed to this court.
1Opinion of the CourtJustice Curtis
This is a suit in equity to redeem a mortgage, brought here by appeal from the Circuit Court of the United States for the District of Kentucky.
On the 24th day of September, 1827, Russell, the complainant, conveyed, by an absolute deed in fee-simple, to James Southard, deceased, whose brother and devisee, Daniel R. Southard, is the principal party defendant in this bill, a farm, containing two hundred and sixteen acres, situated about two miles from the city of Louisville.
At the time the deed was delivered, and as part of the same transaction, Southard gave to Russell a memorandum, the terms…
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