Ellis v. Wayne Real Estate Co.

(after stating the facts). We think this case is governed properly by the conclusions and authorities assembled in Schmidt v. Barclay, 161 Mich 1 (20 Ann Cas 1194). In that case (p 11), by way of quotation from McArthur v. Robinson, 104 Mich 540, 549, 550, it was said:

“ ‘It is settled' that it is competent to show by parol that a deed absolute in form was in fact made as security for a loan. McMillan v. Bissell, 63 Mich 66, 69, 70. It is true that in this class of cases the proof ought to be clear and convincing, and sufficient to overcome the presumption that the instrument in question truly…