It is apparent, from the face of the conveyance from Golightly to the appellant, that it was intended as an indemnity to the appellant against his liability in the note to Jones; and the circumstances attending its execution also clearly show that to have been its object and pur-, pose. There is nothing upon its face, or in the attending circumstances, from which it might be inferred that a conditional sale, rather than a mortgage, was intended, and even if there could be a doubt as to which was intended, the law would construe it to be a mortgage, rather than a conditional sale. 1 Jones on Mortgages, sec. 258.,
A mortgage is not necessarily a security for debt; it may be for the performance of some act, or, as in this case, an indemnity against some liability of the mortgagee. 2 Wash, on Real Prop., 36 ; 1 Jones on Mort., sec. 16 (and note).
The deed upon a sale of land under execution may be made by a deputy sheriff in the name of his principal. Freem. on Executions, sec. 327 ; Her. on Executions, 287.
The deed from the sheriff to the appellee was regular and valid on its face, and as its validity was not denied, nor *213in any manner called in question by the answer, it was admitted, and evidence to impeach it was inadmissible. Sec. 4608 Gantt’s Digest.
The decree is affirmed.