Fargo v. Lovell

By the Ooart,

Sutherland, J.

The bill is filed in this case to redeem real estate conveyed by deed, absolute in form, but in fact intended as security, after a possession by the mortgagee for twenty-seven years subsequent to the maturity of the mortgage debt.— Hence it is necessary for the complainant to show by bis bill such facts as will sustain that conveyance as a still substituting security subject to redemption. Reynolds vs. Green, 10 Mich., 355. They must be facts that bring the case within the statuotory exceptions *20preventing the bar, or rebut the. presumption arising from the lapse of’…