Legal Opinion

Trucks v. Lindsey

Supreme Court of Iowa

Decided June 8, 1865PublishedCited by 29 opinions

Appeal from Scott District Court This is a suit in equity, seeking to show that a deed, .absolute on its face, was intended as a mortgage, and to redeem from it as sucb. Tbe further necessary facts will be found stated in tbe opinion. Tbe defendants appeal.

1Opinion of the CourtCole, J.

1. Evidence: mortgage. A conveyance absolute on its face may, by proper evidence, be shown to be but a mortgage, and parol testimony is admissible and competent to establish such fact. The parol testimony in such cases is received upon a principle, not in conflict with the well known and settled rule of evidence, that “ parol, contemporaneous evidence is inadmissible to contradict or vary tbe terms of a valid,' written instrument.” Such testimony is received to establish facts and circumstances, independent of the deed itself, and to which facts and circumstances, in connection with the deed,…

2Cited by29 opinions

  1. Fort v. ColbySupreme Court of Iowa · 1913
  2. Gassert v. BogkMontana Supreme Court · 1888
  3. Keithley v. WoodIllinois Supreme Court · 1894
  4. Bigler v. JackSupreme Court of Iowa · 1901
  5. Green v. TurnerSupreme Court of Iowa · 1874

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API