Fabrique v. Cherokee & Pittsburg Coal & Mining Co.

Citations

• 69 Kan. 733
• 77 P. 584
• 1904 Kan. LEXIS 326

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Conveyance— When a Deed is a Mortgage. A mortgage is a defeasible conveyance to secure the payment of a debt. Where there is no continuing debt, the execution of a deed with a simultaneous contract to reconvey upon the payment of certain sums of money by the grantor to the grantee within a specified time the payment of which is optional with the grantor, is a conditional sale and not a mortgage.</p>