Johnson v. South

89 So. 270, 206 Ala. 109, 1921 Ala. LEXIS 28

Opinion

McCLELLAN, J.

The complainant (appellant) sought to have an instrument, in form a regular deed, executed by complainant to respondent (appellee), declared a mortgage. The court denied the relief. To entitle a complainant to such relief, the evidence conducing to a conclusion favorable thereto must be clear, unequivocal, and convincing. Rodgers v. Burt, 157 Ala. 91, 93, 47 South. 226, among others. See elaborate annotations in L. R. A. 1916B, 193-196. In this cause the evidence is in inexplicable conflict between the parties. The requisito certainty of conviction that the parties intended, contemporaneously, the creation of a security for a debt ratber than a sale outright, is not afforded by the evidence. The complainant did not meet the measure of proof required of him. The decree denying relief was hence well render^..

Affirmed.

ANDERSON, O. J., and SOMERVILLE and THOMAS, JJ., concur.