Klein v. McNamara
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Edwin Hill, Chancellor. Joanna McNamara filed her bill in chancery against John A. Klein, Benjamin McNamara, her husband, and Bettie B. Willis, to cancel, as clouds on the title to a house and lot belonging to her, a deed from herself and husband to Mrs. Willis, and a quitclaim deed from Mrs. Willis to Klein, on the ground that the deeds constituted a mortgage for advances, which had been repaid.
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Appeal from the Chancery Court of Warren County. Hon. Edwin Hill, Chancellor. Joanna McNamara filed her bill in chancery against John A. Klein, Benjamin McNamara, her husband, and Bettie B. Willis, to cancel, as clouds on the title to a house and lot belonging to her, a deed from herself and husband to Mrs. Willis, and a quitclaim deed from Mrs. Willis to Klein, on the ground that the deeds constituted a mortgage for advances, which had been repaid. Klein and Mrs. Willis answered the bill, and Klein made his answer a cross-bill. The defence was, that the deed to Mrs. Willis was absolute, and…
1Opinion of the CourtSimball, C. J.
Error is predicated of the decree, on the ground, mainly, that the conveyance by McNamara and wife to Mrs. Bettie B. Willis, and from her to Klein, were sales with a privilege of repurchase, and not mortgages; and, secondly, that the deeds being absolute on their face, parol testimony is inadmissible to show that they were intended merely as securities for McNamara’s indebtedness.
There has been much discussion and no little refinement in the books in drawing the distinction between a conditional sale and a mortgage. Assuming, for the present, that extrinsic evidence maybe received for the…
2Cases cited15 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Carr v. . CarrNew York Court of Appeals · 1873
- Anding v. DavisMississippi Supreme Court · 1860
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- State v. AbbottSupreme Court of Alabama · 1985
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