Hubbard v. Cheney

Citations

• 76 Kan. 222
• 91 P. 793
• 1907 Kan. LEXIS 1

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgages — Deed to Secure Purchase-money — Parol Evidence. A deed purporting to convey land to a husband and wife jointly, where the wife is named as a grantee to secure payment of a sum of money which she loans to her husband to make up the purchase-price of the land, is, as to the wife, no more than a mortgage; and when the loan is paid her interest terminates and his title becomes clear and complete, and the fact that the deed was intended to operate as a mortgage may be shown by parol evidence.</p> <p>2. Evidence — Declarations Explanatory of Possession and Ownership. In a controversy between the heirs of such grantees as to whether the deed was in fact a mortgage the declarations of the husband at the time of the purchase and while he was in possession of the land, explanatory of the possession and of the rights claimed in the land, are competent evidence.</p> <p>3.'- Declarations Made in Letters — Authenticity of the Documents. Declarations of that character included in letters shown to have been actually written while the declarant was in possession of the land may be received in evidence although they do not clearly show whether or when the letters were received by the one to whom they were addressed.</p>