Saylor v. Crooker

Citations

• 89 Kan. 51
• 130 P. 689
• 1913 Kan. LEXIS 10

Syllabus

<p>SYLLABUS BY!' THE COURT.</p> <p>1. Deed — Absolute in Form — May be Shown by Parol Evidence to be a Mortgage. An instrument in writing which purports, on its face to be an absolute deed of conveyance of land maybe shown by parol evidence to have been executed for the purpose of securing the payment of money or to secure the performance of any act or thing which the parties to the instrument may lawfully contract to be performed or done.</p> <p>2. Petition — To Have Deed Declared a Mortgage — Not Demur-rable. In an action to have a deed declared a mortgage and canceled, a petition which alleges that an instrument, in the-form of a deed, was intended by all parties as a mortgage to secure payment to one of the grantees of fifty per cent of his sales under verbal contract, that- one of the grantees would' and did enter into the business of selling an article of commerce and did thereby incur an indebtedness or obligation to the mortgagor, which obligation the mortgagor had discharged, is not demurrable as not stating sufficient' facts to constitute a cause of action.</p>