Edwards v. Scruggs

Tbe bill in this case is not, as counsel for appellee seem to consider it as being, for tbe specific performance of a contract, but is one to declare an equitable mortgage or lien upon tbe land described, and to enforce tbe same for tbe satisfaction of the debt, which it is claimed that it was tbe intention of tbe parties to be secured. We recognize tbe well-settled and familiar principle in equity that where it *570is clearly shown that the intention of the parties to a transaction is to give a security for a debt or obligation upon some particular- property, but for some reason there is a…