Gay v. Hamilton

Citations

• 33 Cal. 686

Syllabus

<p>Parol Evidence as to Mortgage.—A deed which appears upon its face to have been an absolute conveyance, may be shown by parol evidence to have been intended as a mortgage.</p> <p>Idem.—If a deed, absolute on its face, is given for a loan of money, and intended as a mortgage, and a defeasance is at the same time and as a part of the transaction given by the grantee to the grantor, it is doubtful whether parol evidence is needed to show the deed a mortgage.</p> <p>Idem.—If a deed absolute on its face is given, and at the same time a defeasance is executed, parol evidence is admissible to show them parts of the same transaction.</p> <p>G-old Coin Judgment.—If one having a deed, absolute on its face, but intended as a, mortgage, goes into possession, and receives gold coin for rent, and sells the property and receives gold coin therefor, the money is received in a fiduciary capacity, and may be recovered in gold coin.</p>