Mitchell v. Toole

(after stating the facts as above). It is contended by the assignments of error that appellee’s wife, Sallie Toole, was not a competent witness; that the judgment rendered in the proceedings before the justice of the peace constitutes res judicata; and that there is not sufficient evidence to sustain the decree. It is of no consequence that the conveyance is in form a warranty deed. Parol evidence was admissible to show that in reality it is a mortgage. Bolin v. Wilkes, 249 Fed. 705, 161 C. C. A. 615.

*28 We do not think the court erred in admitting the testimony of Sallie Toole, even assuming…