LEWIS v. MILLER

No. 5-992.

291 S.W.2d 255 (1956)

Frank B. LEWIS and Jessie A. Lewis, Appellants, v. I. O. MILLER and Helen M. Miller, Appellees.

Supreme Court of Arkansas.

Rehearing Denied July 2, 1956.


Attorney(s) appearing for the Case

Carlos B. Hill, Fayetteville, for appellants.

Jameson & Jameson, Fayetteville, for appellees.


ROBINSON, Justice.

The issue here is whether an instrument which, on its face, purports to be a deed, is in fact a mortgage. Appellees, I. O. Miller and Helen M. Miller, own a home in Fayetteville which was mortgaged to a building and loan association. In 1941, the mortgage was foreclosed and the property sold at the foreclosure sale to a Mr. Parks. H. O. Davis was a friend and neighbor of the Millers; after having seen an account of the sale in a local newspaper...

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