NEWSOM v. GREER


235 S.W.2d 782 (1951)

NEWSOM et al. v. GREER.

Court of Appeals of Kentucky.

January 12, 1951.


Attorney(s) appearing for the Case

P. K. Damron, P. B. Stratton, E. D. Stephenson and Henry O. Damron, all of Pikeville, for appellants.

J. E. Childers, Pikeville, for appellee.


STANLEY, Commissioner.

This is a suit to have a deed, absolute on its face, declared to be a mortgage or mere security for the repayment of a debt. The circuit court found that such was the intention of the parties but the grantors were estopped by their subsequent acts from the right of having it declared to be a mortgage. The grantors or mortgagors question the second conclusion. The grantee or mortgagee sustains that but alternatively questions the primary conclusion...

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