Munger v. Casey

Citations

• 1 Monag. 688
• 17 A. 36
• 1889 Pa. LEXIS 1322

Syllabus

<p>To convert a deed, absolute on its face, into a mortgage, by a parol defeasance, the evidence should be clear, precise and indubitable; and where it does not reach this standard, it is not error for the court to give binding instructions to the jury.</p> <p>The circumstances in this case were held insufficient to affect the pu/t'chaser ■of the legal title with notice of the parol defeasance.</p> <p>In equitable ejectment against the holder of the legal title, the plaintiff must prove payment or tender of payment of the amount due upon the legal title.</p> <p>During the trial, the plaintiff read an affidavit that material evidence had just been discovered, setting forth its nature, and asked for a short rule to take the testimony of the witness who was sick. The court refused, but it did not appear that any exception was taken. The court directed a verdict for the defendant. Held, not to be error.</p>