Bingham v. Thompson
Nevada Supreme Court
Appeal from tbe District Court of the Third Judicial District, Washoe County. This was an action brought against James M. Thompson, Elizabeth J. Thompson, his wife, and James W. Braden, to have a certain deed executed by plaintiff to defendant Braden on June 30th, 1868, of a tract of land in Washoe County, declared a mortgage, to have the amount of the alléged mortgage debt ascertained, and upon payment of such debt, to compel the defendants to reconvey the property to…
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Appeal from tbe District Court of the Third Judicial District, Washoe County. This was an action brought against James M. Thompson, Elizabeth J. Thompson, his wife, and James W. Braden, to have a certain deed executed by plaintiff to defendant Braden on June 30th, 1868, of a tract of land in Washoe County, declared a mortgage, to have the amount of the alléged mortgage debt ascertained, and upon payment of such debt, to compel the defendants to reconvey the property to plaintiff. The land consisted of the southwest quarter of section thirty-four, in township sixteen north, in range nineteen…
1Opinion of the Court
By the Court,
Lewis, J.
The doctrine that an absolute-deed, when given as security for a loan of money, will be treated as a mortgage in equity, and a recon-veyance decreed to the debtor upon payment of the debt, is now very well established by' the authorities. This doctrine of the equity Courts, it is said, is not opposed to the rule of law that parol evidence is inadmissible to contradict or vary a written instrument ; for when a deed absolute is decreed to be a mortgage it is done not upon" evidence contradicting the written instrument, but upon proof of such facts and circumstances as will…
2Cited by10 opinions
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- Swallow Ranches, Inc. v. BidartCourt of Appeals for the Ninth Circuit · 1975
- Tilden v. StreeterMichigan Supreme Court · 1881
- Robinson v. DurstonNevada Supreme Court · 1967
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