Young v. McCraw's Adm'x

Opinion of the Court by

Judge Clay

— Reversing.

Josephine Young brought this action against Owen McCraw for a declaration of rights under an instrument purporting to be a contract of sale. McCraw defended on the ground that the instrument was a mortgage given to secure such sums as he might advance, and that the sums advanced amounted to a total of $10,-337.93. On final hearing the chancellor adjudged the instrument a mortgage,' and gave McCraw an equitable lien on the property for the sum of $5,500, inferior only to a $14,000 mortgage in favor of the Home Owners’ Doan Corporation. Mrs. Young…