44-14-60
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44-14-60.
Whenever
any person in this state conveys any real property by deed to secure any debt to
any person loaning or advancing the grantor any money or to secure any other
debt and takes a bond for title back to the grantor upon the payment of the debt
or debts or in like manner conveys any personal property by bill of sale and
takes an obligation binding the person to whom the property is conveyed to
reconvey the property upon the payment of the debt or debts, the conveyance of
real or personal property shall pass the title of the property to the grantee
until the debt or debts which the conveyance was made to secure shall be fully
paid. Such conveyance shall be held by the courts to be an absolute conveyance,
with the right reserved by the grantor to have the property reconveyed to him
upon the payment of the debt or debts intended to be secured agreeably to the
terms of the contract, and shall not be held to be a mortgage. No bond for title
or to reconvey shall be necessary where the deed shows upon its face that it is
given to secure a debt.