SIMONS, Circuit Judge.
The appeal is from a decree denying relief to the appellant in an action seeking to have writings consisting of her deed to real estate in Kentucky, and an option to her to repurchase, adjudged effective only as a mortgage to secure indebtedness. The petition prayed in the alternative that, in the event it was determined that the instruments did not constitute a mortgage, the court adjudge rescission and grant her an accounting.
In 1933...
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