Thomas v. McCormack

The Chief Justice

delivered the Opinion of the Court.

The only question to be considered in this case, is whether a conveyance of a lot in the city of Louisville by McCormack to Thomas, absolute upon its face, shall, on the facts in the record, be deemed nevertheless a mortgage, as alleged in the bill, and peremptorily denied in the answer.

There being no written memorial of any condition or defeasance, neither the public interest nor the established principles of equitable jurisprudence will allow a court *109of either equity or law to admit parol testimony, in opposition to the legal import of the…