Freeman v. M. E. & J. K. Wilson

Citations

• 51 Miss. 329

Syllabus

<p>1. Married Women: Acknowledgment of deeds: Duress.</p> <p>It is not sufficient to prove that the husband is a violent, turbulent and intemperate man in his habits, and when drunk, prone to quarrels and violence; and that he was domineering towards his wife, and she was in the habit of obeying all his commands, to render a deed of the wife void for duress. The duress must be clearly and emphatically proved. It must be shown that in the particular transaction she was induced by the persuasion or compulsion of her husband to execute the deed.</p> <p>2. — Deed absolute: Mortgage.</p> <p>Courts of equity will examine into the true character of a conveyance, though it imports on its face absolute title, and give it the effect contemplated by the parties, to be ascertained by contemporaneous and subsequent conduct. If they were dealing with reference to a loan, and the deed intended as a security for money loaned, parol evidence is admissible to explain the true character, and it may be construed to be a mere security for the money, and entitle the debtor to a reconveyance upon the payment of the money so secured.</p>