 | New Jersey. Court of Chancery - 1884 - 736 oldal
...nothing on account of the deficiency of the teller, except about $4,000. It is not denied that a deed absolute on its face may be shown, by parol evidence, to have been intended as a mortgage, whether by distinct proof of the contract or by surrounding circumstances, except as to bona fide purchasers... | |
 | John Willard - 1861 - 718 oldal
...held to be valid as a mortgage. (Elliott v. Pell, 1 Paige, 263.) How far a deed absolute in its terms may be shown by parol evidence to have been intended as a mortgage, has led to contradictory decisions. In this state such evidence has been uniformly held admissible... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 698 oldal
...upon the doing of certain things by the mortgagor, " which settles dl accounts with said mortgagor," may be shown by parol evidence to have been intended as a settlement of all claims for property taken from the premises by the mortgagee. ACTION OF TORT for... | |
 | 1875 - 438 oldal
...the only difficulty, it is obviated by our present system. It is now well settled even that a deed absolute on its face may be shown by parol evidence to have been intended as a mortgage. In Campbell v. Tate no case was cited sustaining the doctrine of the syllabus, and we know of none.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1873 - 612 oldal
...same principle. It is a well settled principle of law, that a deed absolute and with general warranty may be shown by parol evidence to have been intended as a mortgage. It was held in Allen v. Lee, I Ind. 58, that a general covenant of warranty did not extend to a lease... | |
 | 1920 - 496 oldal
...Snider v. Davidson, Kan., 185 Pac. 724. 70. Mortg-ag-e* — Deed Absolute. — A deed absolute upon its face may be shown by parol evidence to have been intended as a mortgage, without alleging fraud, accident, or mistake. — Sutton v. Hardison, Ky., 216 SW 609. 71. Rents. —... | |
 | 1881 - 1014 oldal
...recent period that the Supreme Judicial Court of Massachusetts has admitted the doctrine that a deed absolute on its face may be shown by parol evidence to have been intended only as a security for money lent. We think that American law-writers ought to be encouraged in their... | |
 | 1881 - 982 oldal
...recent period that the Supreme Judicial Court of Massachusetts has admitted the doctrine that a deed absolute on its face may be shown by parol evidence to have been intended only as a security for money lent. We think that American law-writers ought to be encouraged in their... | |
 | Edward Lillie Pierce - 1881 - 684 oldal
...negotiable instruments in the sense of the commercial law.3 Fledge of Shares. — A transfer of shares, absolute on its face, may be shown by parol evidence to have been made as collateral security for a debt, and a bill in equity may be maintained to redeem them.4 Shares... | |
 | 1884 - 880 oldal
...proposition of law involved in the very institution of tho suit itself, that a deed absolute in terms may be shown by parol evidence to have been intended as a mortgage in a court of equity, and such intention preserved ami effectuated. But the evidence to justify this... | |
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In equity, a conveyance absolute on its face may be shown by parol evidence to have been intended as a mortgage only, and its effect limited accordingly. 
