David Josiah Brewer

“ They rest upon elementary principles of equity. It is sufficient to refer to Russell v. Southard, 12 How. 139, 13 L. ed. 927, and the many authorities cited in the opinion.
Counsel further contends that the decree is erroneous, in that it adjudges that the deed of May, 1901, to defendant was a mortgage, and as such only a lien upon the property; that there is no evidence that this deed was not intended as a conveyance, or that it was intended as a mortgage, and that courts do not make contracts for parties. ”

“ The rights of purchasers from Wagg subsequent to May 28, 1901, are protected by the accounting ordered, and as they did not appeal from the decree, it must be assumed that they were satisfied with it. ”