Hayward v. Mayse
Court of Appeals for the D.C. Circuit
Hearing on appeal by the complainant from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a bill of complaint. Statement of the case by Mr. Justice Morris : This is a suit to have a deed absolute on its face decreed to be a mortgage; to have a conveyance made by the grantee in the deed declared void, and for a settlement of the rights of the parties in the premises.
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Hearing on appeal by the complainant from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a bill of complaint. Statement of the case by Mr. Justice Morris : This is a suit to have a deed absolute on its face decreed to be a mortgage; to have a conveyance made by the grantee in the deed declared void, and for a settlement of the rights of the parties in the premises. The complainant Hayward was the owner of two lots of ground numbered sixty (60) and sixty-one (61) in S. P. Brown’s subdivision of Pleasant Plains, or Mount Pleasant, adjoining the…
1Opinion of the CourtJustice Morris
That a deed absolute on its face will be held to be a mortgage, whenever it is shown by satisfactory proof to have been so intended by the parties at the time of its execution, is a principle of equity almost elementary in its character. It is equally well settled that parol evidence is admissible to show the nature and character of the transaction for which the deed was executed. Peugh v. Davis, 96 U. S., 332.
It is also well settled law that parties affected with notice, either actual or constructive, cannot acquire any greater or better rights than those of their grantors. Wilson v. Wall, 6…
2Cases cited3 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Hughes v. United StatesSupreme Court of the United States · 1866
- Townsend v. LittleSupreme Court of the United States · 1883
3Cited by3 opinions
- Clay Properties, Inc. v. Washington Post Co.District of Columbia Court of Appeals · 1992
- Smart Ex Rel. Smart v. NevinsDistrict of Columbia Court of Appeals · 1972
- Washington Post Co. v. Clay Properties, Inc.District of Columbia Court of Appeals · 1990