 | 1920 - 496 páginas
...discharge. Osterman v. St. Louis Fish & Oyster Co., Mo. 218 SW 410. 59. MortKanen — Deed Absolute. — Parol evidence Is admissible to show that a deed absolute on its face is a mortgage. — King v. Cole. Iowa, 176 NW 299. 60. Municipal Corporation* — Contributory Negligence. — If... | |
 | United States. Circuit Court (1st Circuit), William Henry Clifford - 1878 - 732 páginas
...APPLETON, CHARLES H. APPLETON, and THOMAS C. AMORY. It is the settled rule in the Federal courts that oral evidence is admissible to show that a deed absolute on its face was intended as a mortgage. The complainant being indebted in a large sum, conveyed certain real estate... | |
 | Austin Abbott - 1880 - 928 páginas
...priorities, or their equities as to the order of sale.9 V. ACTIONS TO REDEEM. 45. Mode of proof. .] — Oral evidence is admissible, to show that a deed absolute on its face 10 was intended by the parties as a mere security, even though there were no agreement to repay." Proof... | |
 | Leonard Augustus Jones - 1882 - 890 páginas
...attach to it. The evidence for this purpose must be clear, certain, and conclusive.1 311 a. Oregon. — Parol evidence is admissible to show that a deed absolute on its face was intended to operate as a mortgage.2 312. Pennsylvania. — The courts of this state have no general... | |
 | 1911 - 1168 páginas
...provided by law for redemption of property from execution sale." It is also the rule in this state that "parol evidence is admissible to show that a deed absolute on . its face is in fact a mortgage." Thompson v. Burns. 15 Idaho, 572, 99 Рас. 111. It will thus be seen that the... | |
 | 1906 - 1164 páginas
...Dig. Frauds, Statute of. §§ 300-362.] 3. MOBTOAGES — ABSOLUTE DEED AS MORTGAGE — PAROL EVIDENCE. Parol evidence is admissible to show that a deed absolute on its face is in fact a mortgage. [Ed. Note. — For cases in point, see vol. 35, Cent. Dig. Mortgages, § 98.] (Syllabus... | |
 | 1917 - 1228 páginas
...Dig. § 183.] 4. MORTGAGES ©=>37(2) — ABSOLUTE DEED — PAROI. EVIDENCE. Parol evidence is always admissible to show that a deed absolute on its face is a mortgage. [Ed. Note.— For other cases, see Mortgages, Cent. Dig. §§ OS, 99, 101, 103-107.] 5. EVIDENCE <&=>429—... | |
 | 1914 - 1230 páginas
...35 111. 186; 3 Jones on Mortgages, 325; 27 Cyc. 1011, 1012. [7] The burden is upon him who alleges that a deed absolute on its face is a mortgage to establish the fact by clear and convincing evidence. Gassert v. Bogk, 7 Mont 585, 19 Рас. 281, l LRA 240.... | |
 | 1901 - 1134 páginas
...St. 1894, § 3391, declaring that no trust concerning lands shall be created unless in writing, since parol evidence is admissible to show that a deed absolute on its face was intended to be a mortgage. 3. Where complainant's bill alleged that defendant had received deeds... | |
 | California. Supreme Court - 1886 - 744 páginas
...except in & suit to reform the deed. (Donahue v. McNulty et. al., 24 Cal. 417). In an action at law it is admissible to show that a deed absolute on its face is a conveyance in trust, and that the party who was in actual possession and occupation was the equitable... | |
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It is common learning in the law that parol evidence is admissible to show that a deed absolute on its face is a mortgage, to establish a resulting trust, to show that a written contract was without consideration... 
