Southern Railway Co. v. Williams

1. A deed to land, absolute on its face and accompanied with possession of the property, can 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. Civil Code (1910), § 3258.

2. Where tenants in common of a tract of land conveyed the same by • quitclaim deed to a third person to secure a loan, but remained in possession of the land, and the grantee in such security deed was never in possession thereof, the heirs at law of one of said tenants in common, who died after the execution of said deed, can, as…