Fultz v. Peterson

Citations

• 78 Miss. 128

Syllabus

<p>1. Statute of Frauds. Trusts. Absolute deed. Mortgage. Code 1892, g 4230. Parol evidence.</p> <p>A deed absolute in form may be shown by parol evidence to be in reality a mortgage to secure a part of the purchase money advanced by the grantee therein, on an agreement with the purchaser, in possession of the land, to convey to him on payment of the sum so advanced, § 4230, code 1892, requiring declarations of trust to be in writing, having no application in such case. Runnels v. Jacltson, 1 How. (Miss.), 358; Klefoiv. McNamara, 54 Miss., 90.</p> <p>2. Same. Code 1892, ? 4233.</p> <p>Section 4233, code 1892, excluding parol evidence to show that an absolute deed was intended to be a mortgage, has no application where the debtor was in possession of the mortgaged property when the deed was executed, and remained in possession.</p>