Culp v. Wooten

Citations

• 79 Miss. 503

Syllabus

<p>1. Moetgage. Absolute deed. Code 1892, j! 4233. Possession. Fraud. Parol evidence.</p> <p>Code 1892, l4233, excluding parol evidence to show that a deed absolute in form is in fact a mortgage, recognizes the admissibility of such evidence.</p> <p>(a) Where the grantor has not parted with the possession of the property, and</p> <p>(b) Where the issue is one of fraud in the procurement of the deed, although the grantor may have parted with the possession of the property.</p> <p>2. Same. Homestead. Abandonment.</p> <p>When a husband and wife temporarily remove from tb eir homestead and cultivate other lands for a year or two, leaving their children in the occupancy of the home, intending themselves all the time to 'return to it, they have not parted with its possession.</p> <p>3. Same. Facts examined.</p> <p>Facts examined touching the procuring of a deed absolute in form and adjudged sufficient to present an issue of fraud, for the determination of a jury as to whether the instrument was not in fact a mortgage.</p>