Lee v. Evans
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiff alleges in his complaint, that he loaned the defendant the sum of five thousand dollars, for the period of six months, at the monthly interest of three percent. That to secure the payment, he took from the defendant at the same time, a deed for certain premises in fee-simple.
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiff alleges in his complaint, that he loaned the defendant the sum of five thousand dollars, for the period of six months, at the monthly interest of three percent. That to secure the payment, he took from the defendant at the same time, a deed for certain premises in fee-simple. That the deed, though absolute on its face, was intended as a mortgage, and then prays the Court for judgment, and for a sale of the premises. The defendant, in his answer, admits that he received the money from plaintiff, and…
1Opinion of the CourtBurnett, J.
There aré two questions arising upon the record in this case :
1. Whether the grantee in a deed, absolute upon its face, can be permitted to show, by parol proof, that it was only intended as a mortgage, without alleging and proving fraud, accident, or mistake, in the creation of the instrument?
2. If not, whether the answer substantially admits the allegations of the complaint, so as to dispense with proof?
*429We have been referred to a number of authorities, by the counsel on both sides. The points raised have not been heretofore decided by this Court. The importance of the principles involved…
2Cases cited4 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Whittick v. KaneNew York Court of Chancery · 1828
- Swart v. ServiceNew York Supreme Court · 1839
- Fink v. HakeSupreme Court of Pennsylvania · 1837
3Cited by10 opinions
- Pierce v. RobinsonCalifornia Supreme Court · 1859
- People ex rel. Melony v. WhitmanCalifornia Supreme Court · 1858
- Arguello v. EdingerCalifornia Supreme Court · 1858
- Perkins v. ThornburghCalifornia Supreme Court · 1858
- People v. TrimCalifornia Supreme Court · 1869
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