Johnson v. Cherry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that deed imputed as a mortgage was “null and void”
• reversing judgment of appellate court which had held that “[wjithout an enforceable obligation or debt, the deed could not be converted into a mortgage”
• true nature of instrument is resolved by ascertaining intent of parties as disclosed by contract, attending circumstances or both
• “Restoration or an offer to restore consideration received by one seeking to cancel a deed is a condition precedent to maintaining a suit for cancellation of an instrument.”
• “Restoration or an offer to restore consideration received by one seeking to cancel a deed is a condition precedent to maintaining a suit for cancellation of an instrument.”
• “Restoration or an offer to restore consideration received by one seeking to cancel a deed is a condition precedent to maintaining a suit for cancellation of an instrument.”

Source: CourtListener parenthetical corpus (CC0).