Blackledge v. Spikes
Blackledge v. Spikes
Opinion of the Court
delivered the opinion of the court.
The appellee, Mrs, Spikes, filed a bill in the chancery court to have a deed executed by her to the appellant declared a mortgage and canceled. She alleges that the deed ivas given to the appellant as security in consideration of the appellant’s making a bond for the son of the appellee, who had been convicted of a crime and sentenced to pay a fine of two hundred and fifty dollars and to serve a term of imprisonment, from which judgment he appealed with supersedeas to the supreme court (Spikes v. State, 98 Miss. 483, 54 So. 1-, and that the cause was reversed and remanded, and thereafter
The chancellor on the hearing held the deed to be a mortgage, and ordered same canceled, but he appointed a master in chancery to make and state an
Some of the testimony introduced by the complainant was admissions by the appellant tending to show that the land bélonged to the appellee, and that he had no claim against it, and other admissions by which he claimed to third persons that the land was held as security for certain money. It is unnecessary to go into the details of the evidence. The chancellor had abundant evidence to warrant him in believing that the deed was executed as a mere security for the money advanced and to be advanced by the appellant. The chancellor ’s action in appointing a master to state an account is challenged on cross-appeal. While the accounts presented to do not appear to be complicated or difficult of acurate ascertainment, still we see no reason to reverse his action and cross appeal will be affirmed, and the cause remanded to be proceeded with in the court below.
. Affirmed and remanded.
Reference
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- Equity. Chancellor’s action in appointing master to state relatively simple account will not he reversed. In a suit to have a deed absolute on its face declared a mortgage and cancelled though the accounts presented do not appear to be complicated or difficult of accurate ascertainment, the chancellor’s action after holding with the complainant, in appointing a master to make and state on account will not be reversed.