 | Charles Albert Keigwin - 1926 - 898 σελίδες
...v. Pearce, 12 NY 156, 62 Am. Deo. 152; Crary v. Goodman, 12 NY 266, 64 Am. Dec. 506; Code, § 150. 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.... | |
 | 1903 - 542 σελίδες
...concurrence. — Henne v. South Penn Oil Co., W. Va., 438. E. Rep. 147. 185. MORTGAGES — Deed. — Parol evidence that a deed absolute on its face was intended as a mortgage is inadmissible in a suit at law. - Billingsley v. Stutlcr, W. Va., 4* Atl. Rep. 96. 136. MORTGAGES—... | |
 | Henry Winthrop Ballantine - 1927 - 1166 σελίδες
...brings a bill to redeem the land. May he succeed? A. Yes; in a few jurisdictions parol evidence to prove that a deed absolute on its face was intended as a mortgage will be admitted only on a showing of fraud, duress, mistake, or the like. The overwhelming weight... | |
 | 1912 - 524 σελίδες
...Haldlman v. Taft, Ark.. 143 SW 112. 83. Burden of Proof. — The burden of proof is on one claiming that a deed absolute on Its face was intended as a mortgage. — Grummer v. Price, Ark., 143 SW 95. 84. Power of Sale.— The power of sale given in a mortgage... | |
 | 1911 - 1162 σελίδες
...54 SC 191, 32 SE 310, long delay is given as one of the reasons in that case for declining to hold that a deed absolute on its face was intended as a mortgage. "These being my views on the testimony relating to the questions as to whether it was the intentions... | |
 | United States. Board of Tax Appeals - 1941 - 1356 σελίδες
...deed ought to prevail." Jones, Mortgages (8th ed.), sec. 311. Parole evidence is admissible to show that a deed absolute on its face was intended as a mortgage. Peugh v. Davis, 96 US 322 ; Hayward v. Mayse, 1 App. DC 133. However, the parole evidence must be clear... | |
 | Milton C. Jacobs - 1950 - 312 σελίδες
...forfeiture (Barson v. Mulligan, 191 NY 306). Aside from the rule at law, in equity it may be shown that a deed, absolute on its face, was intended as a mortgage. Since the enactment of the code of procedure, however, a defendant may avail himself of an equitable... | |
 | Illinois. Supreme Court - 1882 - 756 σελίδες
...v. WiUey, 9 Vt. 276; Holmes v. Grant, 8 Paige, 243. Parol evidence at law is not admissible to show that a deed absolute on its face was intended as a mortgage. Staten v. Commonwealth, 2 Dana, 397; Benton v. Jones, 8 Conn. 186; Reading v. Westin, 8 id. 117; Mercantile... | |
 | 1914 - 978 σελίδες
...of law. ID.—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,... | |
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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. 
