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absolute action admissible admitted affirmed agreed agreement alleged amount appears applied authority bill bond character circumstances cited claim clear conclusion conditional consideration considered contract convey conveyance court create creditor debt decisions deed defeasance defendant dence doctrine doubt effect equity establish executed express face fact fraud gage give given grantee grantor ground held hold instrument intended interest Iowa laid land latter loan ment merely mistake mort mortgage nature operate paid parol evidence parties payment person plaintiff position possession proof proved provision purchase question reason received reconvey reconveyance redeem redemption reference regarded relation respect rule seems shown statement statute stipulation sufficient taken tended testimony theory tion transaction transfer treated trust witnesses writing written
Page 335 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the...
Page 183 - It is a maxim that equity looks upon that as done which ought to have been done...
Page 55 - It is an established doctrine that a court of equity will treat a deed, absolute in form, as a mortgage, when it is executed as security for a loan of money.
Page 51 - The second class embraces those cases which recognize the written instrument as existing and valid, but regard it as incomplete, either obviously or at least possibly, and admit parol evidence, not to contradict or vary, but to complete the entire agreement of which the writing was only a part.
Page 196 - If the proofs are doubtful and unsatisfactory, if there is a failure to overcome this presumption by testimony entirely plain and convincing beyond reasonable controversy, the writing will be held to express correctly the intention of the parties. A judgment of the court, a deliberate deed or writing, are of too much solemnity to be brushed away by loose and inconclusive evidence.
Page 447 - ... is drawn in question. To give validity to such a sale by a mortgagor it must be shown that the conduct of the mortgagee was, in all things, fair and frank, and that he paid for the property what it was worth. He must hold out no delusive hopes; he must exercise no undue influence; he must take no advantage of the fears or poverty of the other party. Any indirection or obliquity of conduct is fatal to his title. Every doubt will be resolved against him.
Page 368 - In a suit to have a deed absolute on its face declared a mortgage, It...
Page 52 - Speaking of the exceptions to the general rule, that parol evidence is not admissible to contradict or vary the terms of a written instrument, Mr.