Burkhart v. Farmers' Union Ass'n

Citations

• 11 Pa. Super. 280
• 1899 Pa. Super. LEXIS 138

Syllabus

<p>Statutes — Act 0/I88I — Absolute deed as mortgage.</p> <p>The Act of J une 8, 1881, P. L. 81, like the statute of frauds and perjuries was designed to prevent frauds; it does not prevent those who are parties to a parol contract from treating a deed as a mortgage, or from refusing to avail themselves of its provisions, if they choose to do so, nor does it enable those who were not parties to the parol contract nor interested in the real estate as creditors or purchasers without notice to take advantage of the statute if the original parties to it or their privies refuse to do so.</p> <p>Evidence — Insurance—Absolute deed as mortgage.</p> <p>In a suit on an insurance policy which provided that the same should become void upon assignment of the property it was error to reject an offer, on the part of the plaintiff, to prove that the deed of transfer was intended only as a mortgage for security, that the debt secured had been paid and a reconveyance made before the fire occurred.</p>