 To insist on what was really a mortgage, as a sale, is in equity a fraud, which cannot be Cuyugan vs. Santos. successfully practiced, under the shelter of any written papers, however precise and complete they may appear to be.  Lawyers' Reports Annotated - Page 571916Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1857 - 688 pages
...case of Russell v. Southard, (12 How., 154,) this is not an open question. In that case the court say: "To insist on what was really a mortgage, as a sale, is in equity a fraud." And in Conway v. Alexander, (7 Cranch, 238,) Chief Justice Marshall says : " Having made these observations... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1866 - 670 pages
...upon that as a sale which was really a mortgage, cannot be successfully practiced under the shield of any written papers, however precise and complete they may appear to be. That in equity there can be no estoppel in such cases to obstruct the inquiry into the real nature... | |
 | 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 - 1869 - 624 pages
...parties when the deed and memorandum were executed. This is clear, both upon principle and authority. To insist on what was really a mortgage, as a sale,...is in equity a fraud, which cannot be successfully practiced, under the shelter of any written papers, however precise and complete they may appear to... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 746 pages
...parties when the deecl and memorandum were executed. This is clear, both upon principle and authority. To insist on what was really a mortgage, as a sale,...of any written papers, however precise and complete thev may appear to be. In Conway v. Alexander, 7 Cranch, 238, CJ Marshall says: " Having made these... | |
 | United States. Supreme Court, Samuel Freeman Miller - Law reports, digests, etc - 1874 - 842 pages
...Southard, (12 How. 154,) this is not an open Babcock v. Wyman. question. In that case the court say: "To insist on what was really a mortgage, as a sale, is in equity a fraud." And in Conway v. Alexander, (7 Cranch, 238,) Chief Justice Marshall says: " Having made these observations... | |
 | Law - 1881 - 496 pages
...no claims, either in equity or law." And in Maffitt v. Rynd, 19 Smith, 387, SH AHSWOOD, J ., says : "To insist on what was really a mortgage, as a sale,...is in equity a fraud, which cannot be successfully practiced under the shelter of any written papers, however precise and complete they may appear to... | |
 | William Henry Malone - Real property - 1883 - 824 pages
...mode of dealing between the parties." In the Supreme Court of the United States,* it was held that " to insist on what was really a mortgage as a sale is, in equity, a fraud." In Con way v. Alexander,! Chief Justice Marshall says: " Having made these observations on the deed... | |
 | Law reports, digests, etc - 1906 - 1164 pages
...parties when the deed and memorandum were executed. This is clear, both upon principle and authority. To insist on what was really a mortgage, as a sale,...is in equity a fraud, which cannot be successfully practiced, under the suelter of any written papers, however precise and complete they may appear to... | |
 | Law reports, digests, etc - 1885 - 896 pages
...Southard, 12 How., 154 (§§ 491-509, infra), this is not an open question. In that case the court say: "To insist on what was really a mortgage, as a sale, is in equity a fraud." And in Conway v. Alexander, 7 Cranch, 238 (§ 457, supra), Chief Justice Marshall says: "Having made... | |
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