Chapman

This is an action to quiet title. From a judgment in favor of defendants, plaintiff appeals.

On March 7, 1905, defendant Hicks and wife executed to plaintiff an instrument, in form a grant deed, but which the court found to be in effect a mortgage given to plaintiff to secure an indebtedness of $265 borrowed by Hicks and wife from plaintiff and evidenced by a promissory note for that sum executed by the borrowers, as payers, to plaintiff, as payee, bearing date March 8,, 1905, and due three months after date. Plaintiff, on March 8, 1905, executed an instrument whereby he agreed to reconvey the property to Hicks for the amount so • borrowed, if it were paid on or before the maturity of the promissory note—June 8, 1905. The instrument that the court so found to be a mortgage—upon its face' a deed absolute—was recorded March 8, 1905. On March 20, 1905, Hides and wife conveyed the property by grant deed to defendant Hudson. Hicks made several partial payments on the note of himself and wife, but the evidence shows that a very substantial balance still remains unpaid. During a period extending from April 29, 1906, to April 24, 1912, several letters were written by Hicks to plaintiff’s…