Hodge v. Weeks

Citations

• 31 S.C. 276
• 9 S.E. 953
• 1889 S.C. LEXIS 30

Syllabus

<p>1. A deed absolute on its face will not be declaved a mortgage, unless such an intention on the part of the parties is made clearly to appear from the facts and circumstances of. the transaction.</p> <p>2. From the terms of a deed which acknowledged the payment of the consideration, and contained a clause of general warranty, and from the possession and use of the land by the grantee for ten years without question, or anything being said about a debt, this court concurred with the Circuit Judge in finding that this deed, although based upon an inadequate consideration, was not intended to operate as a mortgage, but was accompanied with a verbal agreement, afterwards reduced to writing and lost, that the grantee -would rcconvey to the grantor on the repayment of the purchase money with interest and taxes.</p> <p>3. Specific performance of a contract to convey lands, refused, where the contract itself is lost, and the action was not instituted until more than ten years after the date of the contract and very soon after the death of the other party, no demand therefor being made in the meantime.</p>