Ellis v. Orendorff

Mr. Presiding Justice Shurtleff

delivered the opinion of the court.

Appellees filed their bill in equity in the circuit court of Fulton county to restrain appellant from prosecuting his suit in ejectment in the same court to establish title in fee in appellees and to recover possession of 160 acres of land, conveyed by warranty deed by appellees to appellant on June 2,1922, to have the said deed construed as a mortgage, securing certain indebtedness owing by appellees to appellant, and praying for an accounting and general relief.

It appears from the bill, answer and proofs in the record that…