 | Nicholas Hill, New York (State). Supreme Court - Law reports, digests, etc - 1845 - 726 pages
...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... | |
 | James Kent - Law - 1848 - 798 pages
...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... | |
 | Law - 1853 - 732 pages
...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... | |
 | 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 - Law reports, digests, etc - 1860 - 600 pages
...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. 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 - Law reports, digests, etc - 1881 - 752 pages
...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,... | |
 | Asa Kinne - Courts - 1852 - 532 pages
...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... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1855 - 834 pages
...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.... | |
 | Francis Hilliard - Mortgages - 1856 - 732 pages
...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... | |
 | Austin Abbott - Civil procedure - 1858 - 610 pages
...1. VI. Parol Proof to Explain or Vary. 1. In an action under the Code, parol evidence is admissible to prove that a deed absolute on its face was intended as a mortgage. (Hodges a. The Tennessee Insurance Co, 4 Seld., 416 ; Dobson a. Pierce, 2 Kern., 156; Crary a. Goodman,... | |
 | James Kent - Law - 1858 - 778 pages
...in Webb v. 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... | |
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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. 
