 | 1906 - 1822 σελίδες
...as to justify its exercise. A discussion of the admissibility in equity of parol evidence, to show that a deed, absolute on its face, was intended as a mortgage, was irrelevant to those questions. The reasoning of the learned Justice on a point thus outside of... | |
 | Thomas Johnson Michie - 1907 - 932 σελίδες
...Parties. It has been held, in numerous cases, that as between parties it is always competent to show by parol evidence that a deed absolute on its face was intended by the parties to operate as a mortgage. Shank v. Groff, 43 W. Va. 337, 27 SE 340; Ross v. Norvell,... | |
 | Abraham Clark Freeman - 1908 - 1174 σελίδες
...seeks relief, (p. 301.) MORTGAGE — Deed Absolute. — The Burden of Proof is upon the party alleging that a deed absolute on its face was intended as a mortgage, to establish such fact by clear and convincing evidence, (p. 302.) MORTGAGE— Deed Absolute— Right... | |
 | 1912 - 1324 σελίδες
...1912.) 1. MOKTQAGES (§ 36*)— DEED OB MORTGAGE— BURDEN OF PEOOF. The burden is on one claiming that a deed absolute on its face was intended as a mortgage to prove that fact [Ed. Note. — For other cases, see Mortgagee, Cent. Dig. §§ 95, 96; Dec. Dig.... | |
 | California. District Courts of Appeal - 1914 - 964 σελίδες
...(Id.) 20. CONSIDERATION — WHETHER so INADEQUATE AS TO RAISE PRESUMPTION. — In a suit to declare that a deed absolute on its face was intended as a mortgage, the fact that the land was perhaps worth seven dollars an acre, whereas it sold for only five dollars,... | |
 | George Washington Kirchwey - 1917 - 804 σελίδες
...doubt upon the point (Dobson v. Pierce, 2 Kern, 156; Crary v. Goodman, id. 266; Code, § 150, subd. 2). That a deed absolute on its face was intended as a mortgage, would, before the Code, have been an equitable defense, because it could not have been proved at law.... | |
 | Thomas Johnson Michie - 1917 - 1144 σελίδες
...See Chapman v. Hughes, 14 Ala. 218, 220. Parol evidence is not admissible, in a court of law, to show that a deed absolute on its face was intended as a mortgage. Bragg j>. Massie's Adm'r, 38 Ala. 89. While a court of equity will enforce, according to its terms,... | |
 | George Washington Kirchwey - 1917 - 792 σελίδες
...doubt upon the point (Dobson v. Pierce, 2 Kern, 156; Crary v. Goodman, id. 266; Code, § 150, subd. 2). That a deed absolute on its face was intended as a mortgage, would, before the Code, have been an equitable defense, because it could not have been proved at law.... | |
 | Austin Abbott - 1918 - 968 σελίδες
...Beroud r. Lyons, 85 Iowa, 482, 52 NW Rep. 486. But the declarations of a deceased grantor to the effect that a deed absolute on its face was intended as a mortgage are inadmissible in behalf of the grantor's widow and heir and against the grantee. Hart r. Randolph,... | |
 | Austin Abbott - 1922 - 1240 σελίδες
...certain conditions. Beroud v. Lyons, 85 Iowa, 482, 52 NW 480. A party is not precluded from showing, by parol evidence, that a deed absolute on its face was intended as a mortgage, by the fact that written instruments were executed contemporaneously with the deed, importing a right... | |
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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. 
