Stern v. Howell

(After stating the foregoing facts.')

It is true beyond question that a deed absolute upon its face and accompanied by possession of the property can not be proved, at the instance of the parties, by parol evidence to be a mortgage only, unless fraud, accident, or mistake in its procurement is the issue to be tried. Civil Code (1910), § 3258; Hall v. Waller, 66 Ga. 483; Mitchell v. Fullington, 83 Ga. 301 (9 S. E. 1083); King v. Herrington, 158 Ga. 148 (122 S. E. 879). By the terms of the cited section of the Code, and by the cases referred to, the principle announced in said section and…