Trucks v. Lindsey
Supreme Court of Iowa
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
- Fort v. ColbySupreme Court of Iowa · 1913
- Gassert v. BogkMontana Supreme Court · 1888
- Keithley v. WoodIllinois Supreme Court · 1894
- Bigler v. JackSupreme Court of Iowa · 1901
- Green v. TurnerSupreme Court of Iowa · 1874
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