Sims v. Sims

The controlling question in this case is whether the court erred in overruling the third ground of the demurrer to the petition, which is as follows: “Defendant demurs generally to said petition, for the reason that the same is an attempt to vary the terms of a written instrument by parol.” The Civil Code (1910), § 3258, declares: “A deed or bill of sale, absolute on its face and accompanied with possession of the property, shall not be proved (at the instance of the parties) by parol evidence to be a mortgage only, unless fraud in its procurement is the issue to be tried.” On the other hand,…