Crockett v. Nish Et Ux.

I dissent. The prevailing opinion carefully avoids determining whether the transactions whereby Alice Nish received the purported deed from Fleming, the original mortgagee, indicated that it was a mortgage or an absolute conveyance. It holds that if the instrument was a mortgage the loan was to Malcom W. Nish and had not been made for the benefit of the estate of Jane Nish, deceased, and therefore the administrator of her estate cannot maintain this action. It intimated that if any cause of action exists it should be brought by the administrator of the estate of Malcom W. Nish, deceased.

The…