Adams v. Pilcher
Supreme Court of Alabama
Appeal from the Chancery Court, of Henry. Heard before the Hon. John A. Foster. The bill in this case was filed by the appellees, W. C..and B. R. Pilcher, against appellants, Lucy Adams, her husband, one-Brooks, and one Farley; and sought- to have a conveyance, absolute in form, declared a mortgage; and that they be let in to redeem the lands therein conveyed. The facts, as disclosed by the bill and. answers and interrogatories, may be-summarized as follows.
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Appeal from the Chancery Court, of Henry. Heard before the Hon. John A. Foster. The bill in this case was filed by the appellees, W. C..and B. R. Pilcher, against appellants, Lucy Adams, her husband, one-Brooks, and one Farley; and sought- to have a conveyance, absolute in form, declared a mortgage; and that they be let in to redeem the lands therein conveyed. The facts, as disclosed by the bill and. answers and interrogatories, may be-summarized as follows. The said complainants were indebted to the respondent, Lucy Adams, as evidenced by three promissory notes, one for $500 due February…
1Opinion of the CourtColeman, J.
A conveyance absolute in terms may be shown by parol evidence to have been intended as a security íbr a debt. A.sale absolute, with a right to repurchase for a given sum, within a specified time, may also be shown by parol to have been intended by the parties as a mortgage. It matters not what form the transaction may have taken, if, in fact, it was intended as a security for a debt, in a court of equity it must be so considered. — Robinson v. Farrelly, 16 Ala. 476.
In either case, to have such an instrument declared a mortgage, the proof must be clear and convincing, that at the time *476of the…
2Cases cited3 opinions
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- Robinson v. FarrellySupreme Court of Alabama · 1849
- Perdue v. BellSupreme Court of Alabama · 1887
3Cited by15 opinions
- Hays v. EmersonSupreme Court of Arkansas · 1905
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Johnson v. National Bank of CommerceWashington Supreme Court · 1911
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Rodgers v. BurtSupreme Court of Alabama · 1908
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