Batchelder v. Randolph

Keith, P.,

delivered the opinion of the court.

*297In this case the court decreed that a certain deed, absolute upon its face, was a mortgage, that it should be reformed, and upon payment of the debt secured appointed commissioners to convey the title in fee simple to the land in the proceedings mentioned to the appellee, who has succeeded to all the rights of the grantors in the original deed.

In Bachrach v. Bachrach, 111 Va. 232, 68 S. E. 985, it is said: “A deed, although absolute on its face, may be shown by oral evidence to have been intended as a mortgage; and such evidence is not restricted…