Bolin v. Wilkes
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Bill by E. E. Bolin, trustee for William Schild, and another, against Mrs-. K. E. Wilkes and others. Erom a decree dismissing the bill, complainants appeal.
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Appeal from the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Bill by E. E. Bolin, trustee for William Schild, and another, against Mrs-. K. E. Wilkes and others. Erom a decree dismissing the bill, complainants appeal. Bolin, as trustee for William Schild, and another, filed a hill in the District Court for the Southern District of Mississippi, against Mrs. I£¡. E. Wilkes and others, making, in addition to formal statements, allegations, in substance, as follows: (1) William Schild, in October, 1916, executed to Bolin, trustee, a deed of…
1Opinion of the CourtBatts, Circuit Judge
(after stating the facts as above). [1,2] The general principles upqn which this case is to be decided are too well settled in equity jurisprudence to require extended statement or citation of authority. A conveyance of land, absolute in form, and without an accompanying defeasance, contract of repurchase, or other agreement in writing, may, in equity, by extrinsic apd parol evidence, be shown to be a mortgage, and an incident to a suit for that purpose may be an accounting for fruits and profits received from the property. The admission of 'the parol testimony is held not to contradict or…
2Cited by1 opinion
- Mitchell v. TooleCourt of Appeals for the Fifth Circuit · 1923