Bradford v. Helsell

Sherwin, O. J.

This is a special proceeding under section 4057 of the Code, brought by the plaintiff' to enforce her right to redeem certain land from a sale. under execution. The controlling question in the case is whether a deed absolute in form is, in fact, simply a mortgage. The facts are substantially as follows:

S. C. Bradford, husband of the plaintiff, owned an equity in a farm other than the one in controversy here. He had an opportunity to trade such equity for a stock of hardware and an equity in a store building, and to trade the stock and store building for an equity in the land…