BOWLING v. DUFF


272 S.W.2d 805 (1954)

Pearl E. BOWLING et al., Appellants, v. Elbert DUFF, Appellee.

Court of Appeals of Kentucky.

November 12, 1954.


Attorney(s) appearing for the Case

Noble, Noble & Noble, C. A. Noble, Sr., Hazard, for appellants.

S. M. Ward, Hazard, for appellee.


CULLEN, Commissioner.

P. E. Bowling brought action against Elbert Duff, seeking a declaration that an instrument by which he had conveyed his residence to Duff was a mortgage rather than a deed, and further seeking to be allowed certain credits against the mortgage indebtedness. The court adjudged that the instrument was an absolute deed, and not a mortgage, and disallowed Bowling's claim for credits. Bowling has appealed.

The transactions between Bowling...

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