Thomas v. Morse

COLLARD, Judge.

On December 13, 1888, J. D. Thomas, the appellant, and W. B. Morse, the appellee, sold eighty acres of land to one Skains for $900, taking his four notes to secure the. purchase money, the interest of Thomas in the land and notes being three-fourths and that of Morse being one-fourth. The first note to become due was for $90, and the deed to Skains contained the following stipulation: “It is, however, understood that unless the $90 note shall be paid at maturity this contract shall operate only as a lease, and said $90 shall be due as rent and may be collected accordingly.” The…