Munford v. Green's Administrator
Court of Appeals of Kentucky
Case 18 — PETITION EQUITY appeal prom hart circuit court. 1. Parol evidence is competent to show that a conveyance absolute-on its face was intended only as a mortgage.
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Case 18 — PETITION EQUITY appeal prom hart circuit court. 1. Parol evidence is competent to show that a conveyance absolute-on its face was intended only as a mortgage. Pomeroy’s Equity Jurisprudence, vol. 3, sections 1195 and 1196; Langhorn v. Payne, 14 B. M., 502; Mercer v. Blaine & Hamilton; Littell’s Select -Cases, 412; Seiler v. Northern Bank, 86 Ky., 131. 2. It was competent to show by parol testimony the whole transaction and circumstances surrounding it, and the terms and conditions upon which Green was invested with the title, so as to show that he took the same and held it in trust…
1Opinion of the Court
JUDG® PAYNTER
delivered the opinion oe the court.
On December 10, 1877, the appellant, Munford, in consideration of the sum of $400, made a deed to Z. G. Green for a certain tract of land in Hart county. The deed contained. covenants of general warranty and imported an absolute conveyance. Munford alleges that there was a parol agreement at the time of the execution of the deed by which Green was to accept the deed, take possession of the land, rent and sell it, pay himself a debt which Munford owed him, and whatever remained was to be paid to him. It is not alleged that there was any fraud or…
2Cases cited5 opinions
- Thomas v. McCormackCourt of Appeals of Kentucky · 1839
- Faris v. DunnCourt of Appeals of Kentucky · 1870
- Seiler v. Northern BankCourt of Appeals of Kentucky · 1887
- Thompson v. PattonCourt of Appeals of Kentucky · 1824
- Ferguson's administratrix v. SmithCourt of Appeals of Kentucky · 1869
3Cited by9 opinions
- Wright v. YoungArizona Supreme Court · 1918
- Hobbs v. RowlandCourt of Appeals of Kentucky · 1909
- Eastern Gulf Oil Co. v. LovelaceCourt of Appeals of Kentucky · 1920
- McKibben v. DiltzCourt of Appeals of Kentucky · 1910
- Gernhert v. Straeffer'sCourt of Appeals of Kentucky · 1916
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