Edwards v. Wall
Supreme Court of Virginia
Appeal from decree of circuit court of Carroll county, entered April 26th, 1881, in cause wherein the appellant was plaintiff, and E. E. Wall was defendant. By deed dated January 29th, 1876, Edwards conveyed land to Wall. On its face the conveyance was absolute.
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Appeal from decree of circuit court of Carroll county, entered April 26th, 1881, in cause wherein the appellant was plaintiff, and E. E. Wall was defendant. By deed dated January 29th, 1876, Edwards conveyed land to Wall. On its face the conveyance was absolute. Edwards had been indebted to Eichard Farmer in the sum of $135, with interest, and to secure payment thereof had executed a mortgage on the same land, which, in consideration of Wall’s promise to pay said debt, Edwards that day conveyed to Wall. A part of said land Wall afterwards sold and paid Farmer’s debt. Edwards brought his bill,…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered the opinion of the court:
It is well settled that a conveyance of land, absolute on' its face, may be shown in equity by extrinsic and parol evidence to be, in reality, a mortgage as between the original parties and those deriving title under the grantee, who are not bona fide purchasers for value and without notice. But the presumption, of course, always is that the deed is what on its face it purports to be, and to repel this presumption the evidence must be clear, unequivocal, and convincing. 3 Pom. Eq. 175, §1196; Phelps v. Seely, 22 Gratt. 573;…
2Cases cited1 opinion
- Phelps v. SeelySupreme Court of Virginia · 1872
3Cited by4 opinions
- Hursey v. HurseyWest Virginia Supreme Court · 1904
- Holladay v. WillisSupreme Court of Virginia · 1903
- Hunter v. BaneSupreme Court of Virginia · 1929
- Pretlow v. HopkinsSupreme Court of Virginia · 1944