 | Illinois. Supreme Court - Law reports, digests, etc - 1911 - 710 pages
...heirs or legatees of said Mary Whouley. Under a long line of decisions this court has held that in a suit to have a deed absolute on its face declared a mortgage no freehold is involved and the appeal or writ of error lies to the Appellate Court and not to this... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1921 - 638 pages
...denying the mortgagee in possession a possessory action. Cox v. Enterprise. Bank et al 191 2. In a suit to have a deed absolute on its face declared a mortgage, where purchasers in a well-bound book, and specifying what instruments shall be recorded, the record... | |
 | Law reports, digests, etc - 1907 - 1164 pages
...Colorado. May 6. 1907.) 1. MORTGAGES — ABSOLUTE DEED AS Монголов — EVIDENCE— WEIGHT. In a suit to have a deed absolute on its face declared a mortgage, the case must be established beyond a reasonable doubt. fEd. Note. — For cases in point, eee Cent.... | |
 | Law reports, digests, etc - 1891 - 1246 pages
...(Supreme Court of Tennessee. May 23, 1891. ) MOKTOAOE — DEED ABSOLUTE ox ITS FACE. In proceedings to have a deed absolute on its face declared a mortgage it appeared that the deed itself was the release of the litleof the vendor to the holder of tax-titles,... | |
 | 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 - Law reports, digests, etc - 1889 - 680 pages
...T, W, Harper, for appellant. JG Williams, for appellees. ELLIOTT, J. — The appellant brought this suit to have a deed, absolute on its face, declared a mortgage, and to have it declared invalid as a mortgage, because executed by her to secure the debt of her husband.... | |
 | Law reports, digests, etc - 1891 - 1266 pages
...After the lapse of more than 20 years from the date of the transaction the court will not entertain a suit to have a deed absolute on its face declared a mortgage, and for an accounting, where the note secured by such deed is simply alleged not to have been due at... | |
 | Law reports, digests, etc - 1905 - 1158 pages
...have a deed absolute on its face declared a mortgage, it appears, from all the evidence, that at the time of the execution of the deed the grantee paid...the grantor to the grantee and secured by the deed, euch payment will be so treated in eqnity. 2. An admission by the grantee in such case of a declaration,... | |
 | West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1905 - 790 pages
...HURSEY. Submitted June 6, 1904. Decided Xovember 1, 1904. 1. DEED — Mortgage — Debt. If, in E. suit to have a deed absolute on its face declared...all the evidence, that, at the time of the execution of the deed, the grantee paid a debt for the grantor, and that the parties intended that the sum so... | |
 | Law reports, digests, etc - 1905 - 1068 pages
...Virginia. Nov. 1, 1904.) MOBTOAGK — DEED ABSOLUTE ON FACE — EVIDENCE — INTENT OF PABTIES. JL If, In a suit to have a deed absolute on its face declared...all the evidence, that at the time of the execution of the deed the grantee paid a debt for the grantor, and that the parties intended that the sum so... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - Real property - 1909 - 886 pages
...susceptible of recognition and protection by a court of law, Flynn v. Holmes, 145 Mich. 606, 108 NW 285. In a suit to have a deed absolute on its face, declared a mortgage, where at the time of the execution of the deed, it was intended by the parties interested that the... | |
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In a suit to have a deed absolute on its face declared a mortgage, It... 
