Corbit v. Smith
Supreme Court of Iowa
Appeal from the Henry District Court. In Chancery. Smith loaned to Corbit some fourteen hundred dollars, and as security therefor, received a deed of trust upon certain real estate. The money was not paid. Smith was about to sell under the trust deed, when Corbit, in consideration of the money so loaned, with interest, and the further sum of one hundred and thirty-throe dollars, made an absolute conveyance, or what purported to be such, to Smith.
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Appeal from the Henry District Court. In Chancery. Smith loaned to Corbit some fourteen hundred dollars, and as security therefor, received a deed of trust upon certain real estate. The money was not paid. Smith was about to sell under the trust deed, when Corbit, in consideration of the money so loaned, with interest, and the further sum of one hundred and thirty-throe dollars, made an absolute conveyance, or what purported to be such, to Smith. This bill is hied to set aside this deed, and to allow complainant to redeem. The cause was heard upon bill, answer, replication, exhibits, and a…
1Opinion of the CourtWeight, C. J.
The position of appellant, that the deed was intended as a mortgage, is not sustained by the proof. The only testimony to this point, is of certain admissions made by, and conversations had with, respondent. There is a want of definiteness and certainty, however, in the proof — so much so, as to render it quite unsafe to rely upon it. The deed is absolute upon its face. Complainant relies upon a parol contemporaneous agreement, that it was received as a mere mortgage, and that he was to have the right to redeem. To establish such an agreement, his proof should be clear, satisfactory, and…
2Cases cited5 opinions
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Stewart's v. LispenardNew York Supreme Court · 1841
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Blair v. BassIndiana Supreme Court · 1838
- Couch v. CouchSupreme Court of Alabama · 1845
3Cited by25 opinions
- Gribben v. MaxwellSupreme Court of Kansas · 1885
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Ashcraft v. De ArmondSupreme Court of Iowa · 1876
- Kirsher v. KirsherSupreme Court of Iowa · 1903
- McAnnulty v. SeickSupreme Court of Iowa · 1882
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