Zimmerman v. Marchland

Action by the appellee against the appellant to have a deed, absolute on its face, adjudged to be a *475mortgage, to settle the amount clue thereon, and to redeem. The suit was begun in the Adams Circuit Court, where there was a trial and verdict for the defendant, upon the issue formed by a general denial. Motion for a new trial for cause overruled, and judgment on the verdict. Then, on application of the plaintiff, the judgment was set aside, and a new trial granted as a matter of right, under sections 601 and 612 of the code, without the payment of costs; the appellant insisting upon such…