 Field's opinion clearly established California law. In 1865 Justice Lorenzo Sawyer could safely say that "it is now settled in this State that parol evidence is admissible to show that a deed absolute on its face was intended to be a mortgage.  The Federal Reporter - Page 3551888Full view - About this book
 | Alabama. Supreme Court - Law reports, digests, etc - 1856 - 792 pages
...Admimbttity of parol milaiec to prove absolute deed a trust.— ll is the settled law of this State, that parol evidence is admissible to show that a deed, absolute on its face, was received in trust for a particular purpose, and that the vendee was a mere conduit for passing... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1850 - 712 pages
...parol evidence of such agreement was received without objection. It is an established rule in chancery, that parol evidence is admissible to show that a deed absolute on its face was intended by the parties as a mortgage. (1 Paige, 206. 2 Cowen, 324. 1 John. Ch. Rep. 594.) In Moses... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1881 - 752 pages
...it is claimed — First, that the conveyance to Gibson was intended to be but a mere security, and that parol evidence is admissible to show that a deed absolute on its face was intended as a mortgage. The correctness of this position need not be questioned. Second, that the... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...admission of extrinsic evidence to show that a deed absolute on its face was intended as a mortgage ! Parol evidence is admissible to show that a deed absolute on its face was intended as a mortgage, or that the defeasance has been destroyed by fraud or mistake. — Marks... | |
 | Asa Kinne - Courts - 1852 - 532 pages
...49$ As to the validity of settlement after marriage in pursuance of, agreement . . . . . " ii. 1C2 Evidence is admissible to show that a deed absolute on its face, was intended as a mortgage . . . " 17J As to converting bill of sale into a mortgage by, agreement... | |
 | Francis Hilliard - Mortgages - 1856 - 732 pages
...parties was to secure a debt, the deed is a mortgage. Bank, &c. v. Whyte, 3 Md. Ch. 508. In Texas, parol evidence is admissible to show that a deed, absolute on its face, was intended as a mortgage. Stamper v. Johnson, 3 Texas, 1 ; Carter r. Carter, 5 Texas, 93. As to the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1857 - 688 pages
...only. Mr. Bartlell, for the appellee, referred to the point as follows: Upon the question, whether oral evidence is admissible to show that a deed, absolute on its face, was in fact given as security for a debt, and is -a mortgage, appellee forbears to trouble the court... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1869 - 712 pages
...the statute, but that it was intended as a mortgage to secure to the appellant the sum of §6,000. That parol evidence is admissible to show that a deed, absolute on its face, was intended to be a mortgage only, and was executed as a security for the payment of money, or the... | |
 | Nathan Howard (Jr.) - Civil procedure - 1871 - 702 pages
...appeals, so far as we are aware, it has been simply determined, that according to the rule in equity, parol evidence is admissible to show that a deed, absolute on its face, is a mortgage. There was no other written agreement denning and describing the right of the parties presented in the... | |
 | California - Civil procedure - 1872 - 698 pages
...Cross, 7 Cow. R., p. 49; Fleming vs. Gilbert, 3 Jobn. R., p. 528; Luekhart vs. Ogden, 30 Cal., p. 547. Parol evidence is admissible to show that a deed, absolute on its face, was intended as a mortgage. — Johnson vs. Sherman, 15 Cal., p. 2S7; Pierce vs. Robinson, 13 Cal.,... | |
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