Fisher v. Witham

Citations

• 132 Pa. 488
• 19 A. 276
• 1890 Pa. LEXIS 842

Syllabus

<p>While a deed, absolute on its face, executed prior to the act of June 8,1881, P. L. 84, may be converted into a mortgage by parol testimony, yet the evidence must be clear, explicit and unequivocal. It must show an agreement, in the nature of a defeasance, contemporaneous with the execution and delivery of the deed : evidence of subsequent admissions alone is insufficient. The bill filed, in this case, fifteen years after the date of the deed, and five years after the death of the grantee, was properly dismissed.</p>