Clark v. Seagraves

LorÍng, J.

[After the above statement of the case.] The first objection argued by the defendant is that although a conveyance which is absolute in form can be shown to have been given as security for a debt due to the grantee, it cannot be shown to have been intended as security for a debt due to a third person. The ground on which the grantor of an absolute *434deed of real estate can go into equity and show that it was in fact given to secure a debt, is fraud. See Campbell v. Dearborn, 109 Mass. 130, particularly pp. 137 and 142. See also Hassam v. Barrett, 115 Mass. 256. It is as much a fraud…