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" That a deed absolute on its face was intended as a mortgage, would, before the Code, have been an equitable defence, because it could not have been proved at law. "
The Pacific Reporter - Σελίδα 187
1916
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 6

New York (State). Supreme Court, Nicholas Hill - 1845
...Judgment affirmed. WEBB vs. RICE and another. Parol evidence is not admirable in a court of law to show that a deed absolute on its face was intended as a mortgage. Whether such evidence is admissible even in a court of equity, except upon the ground of fraud, mistake...

Commentaries on American Law, Τόμος 4

James Kent - 1848
...in Webb r. Rice, 6 Hill Rep.219, that parol evidence was not admissible in a court of law, to show that a deed absolute on its face, was intended as a mortgage. It is often a perplexed question, whether a conveyance was intended to be absolute or as a security...

The Monthly Law Reporter, Τόμος 15

1853
...insurable interest, notwithstanding the conveyance ; that parol evidence was competent in equity to show that a deed absolute on its face was intended as a mortgage. The judge on the trial, in the court below, allowed the plaintiff to amend the complaint, by adding...

Questions and Answers on Law: Alphabetically Arranged. With ..., Τόμος 2

Asa Kinne - 1852
...that a deed absolute on its face was intended as a mortgage ! Parol evidence is admissible to show that a deed absolute on its face was intended as a mortgage, or that the defeasance has been destroyed by fraud or mistake. — Marks v. Pell, 1 Johns. Ch. Rep., 594....

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 7

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1860
...plaintiff in error, that in a court of equity, it would be entirely competent to show, by parol proof, that a deed absolute on its face was intended as a mortgage, and that then effect would be given to it according to the true intent of the parties. This has been...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 43

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1881
...some one else with his consent. Johnson v. Van Velsor. 209. 2. Parol evidence is admissible to show that a deed absolute on its face was Intended as a mortgage. Barbur v. Milner, 248. 3. Parol evidence that a deed prima Jade absolute was only meant as a mortgage,...

Questions and Answers on Law: Alphabetically Arranged. With ..., Τόμος 4

Asa Kinne - 1852
...marry ... " 164 As to what, is admissible . . . / . " 165 Rule as to admission of extrinsic, to show that a deed absolute on its face was intended as a mortgage . . " 171,172 Deposit of title deeds, of an agreement to make a mortgage . •' 172 When bond must...

Cases Argued and Adjudged in the Supreme Court of Florida, Τόμος 6

Florida. Supreme Court - 1855
...States, and the Circuit Court of the United States for the First Circuit, allow the fact to be proved by parol evidence, that a deed absolute on its face, was intended as a mortgage or trust, and they hold that the admission of such evidence does not violate the Statute of frauds. lt...

The Law of Mortgages, of Real and Personal Property: Being a ..., Τόμος 1

Francis Hilliard - 1856
...deed is a mortgage. Bank, &c. v. Whyte, 3 Md. Ch. 508. In Texas, parol evidence is admissible to show that a deed, absolute on its face, was intended as a mortgage. Stamper v. Johnson, 3 Texas, 1 ; Carter r. Carter, 5 Texas, 93. As to the rule in Virginia, see Ross...

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 6

Austin Abbott - 1858
...For the decision went upon the ground that no parol evidence was admissible in a court of law to show that a deed absolute on its face was intended as a mortgage. These considerations seemed to me, at the special term, as they still seem, a sufficient reason for...




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