Samuel Freeman Miller

“ Eaton in her life-time, or of her heirs, now that she is dead, can be made liable for a contract to which she was no party and which she never sanctioned. But appellants have such title or interest in the land as Mr. Eaton had, and which passed by his conveyance. This may be a life-estate. It may be a right to hold as a lien for costs and expenses, or it may be the naked legal title. Whatever it is passed to Holgate by the deed.
As regards the Wilhelm tax title, it may be a perfect title, or it may be a lien for the taxes paid by the purchaser at the tax sale. ”

“ It is argued on the part of the appellants, on the other hand, that the deed of Eaton and the accompanying contract constituted a mortgage for the security of Holgate in regard to the $400 note which he agreed to pay, and for the sum he might have to advance to buy in the tax title of Wilhelm, with the option, on the part of Holgate, to convert it into a purchase before October 1st, that is, within 60 days. We do not deem it important to decide whether we call the transaction a mortgage or a conditional purchase. ”

“ The case as it was presented to the circuit court for final decree, and as it comes before us, is to be gathered from the pleadings, documentary evidence, written correspondence, and depositions, which are voluminous. We shall not recapitulate the evidence, but state the material facts as we believe them to be established. ”