Ellis v. Higgins
Supreme Judicial Court of Maine
Writ or entry. Trial before Tenney, J. General issue and claim of betterments. The demandant read a deed of warranty to him from the tenant, conveying the premises. The tenant offered to prove, by parol, that he owed the demandant upon a note, and that said conveyance was made to secure the note, which he has since paid. The evidence was rejected.
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Writ or entry. Trial before Tenney, J. General issue and claim of betterments. The demandant read a deed of warranty to him from the tenant, conveying the premises. The tenant offered to prove, by parol, that he owed the demandant upon a note, and that said conveyance was made to secure the note, which he has since paid. The evidence was rejected. He then offered to prove, that the deed was made, and was recorded, fraudulently, to secure the land from his creditors. ‘The evidence was rejected. He then offered to prove his claim to betterments. With a view to settle all questions of fact, the…
1Opinion of the Court
Shepley, C. J.,
orally.—The evidence offered would reduce an absolute to a conditional deed, to a mere mortgage title. It is not competent to effect such a change by parol testimony.
It was also contended that the demandant holds in trust, for the benefit of the tenant. And it is proposed to prove this by parol. But such proof would be in violation of the best settled rules.
The tenant then proposed to prove his own fraud, whereby to defeat his own deed. And it is contended that the R. S. chap. 161, sect. 2, has introduced a new principle, and that the deed, being in violation of a penal…
2Cited by2 opinions
- Starr v. LowerySupreme Court of Oklahoma · 1923
- United States v. PooleDistrict Court, D. Maine · 1880