Duncan v. Essary

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment in an action which was commenced on the theory of forcible detention of real property after failure to pay rent, but which later developed into a controversy as to whether certain absolute deeds were in fact security for a debt.

The testimony relating to the material facts are in direct conflict. We will present the factual issues as they appear in the pleadings.

The plaintiffs, Elmer Duncan and Shirley, his wife, filed a complaint before a justice of the peace against the defendants, David H. Essary and…