Sewell v. Price's Adm'r
Supreme Court of Alabama
[BILL IS EQUITY TO HATE ABSOLUTE COSVEYAXÜE DECLARED A MORTGAGE.] Appeal from tbe Chancery Court of Jackson. Heard before the Hon. A. J. Walker. This bill was filed by the appellant, against the distrib-utees and personal representatives of John Price, deceased, and sought to have an absolute bill of sale for a slave declared a mortgage.
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[BILL IS EQUITY TO HATE ABSOLUTE COSVEYAXÜE DECLARED A MORTGAGE.] Appeal from tbe Chancery Court of Jackson. Heard before the Hon. A. J. Walker. This bill was filed by the appellant, against the distrib-utees and personal representatives of John Price, deceased, and sought to have an absolute bill of sale for a slave declared a mortgage. The bill of sale was dated on the 2d March, 1841, when the transaction between the parties took place, and recited a consideration of $600. The bill was filed on the 2d October, 1850. Price died in the latter part of the year 1848. The bill alleged, that…
1Opinion of the CourtRice, C. J.
The ground on which a court of equity permits parol evidence to show a conveyance absolute on its face to be a mortgage, or that it was executed upon certain parol conditions or trusts, is, that it would be a fraud to allow the grantee to hold the property discharged of the conditions or trusts, which by his consent were attached to the conveyance, and which he agreed to fulfill. To authorize that court to treat a deed absolute on its face as a mortgage, it must appear-by the admissions of the answer, or by clear and convincing proof, not only that the grantor intended and considered it as a…
2Cited by12 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Scott v. McGillSupreme Court of Alabama · 1944
- Klein v. McNamaraMississippi Supreme Court · 1876
- Voorhies v. HennessyWashington Supreme Court · 1893
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