Schwartz v. Lieber

Citations

• 79 Miss. 257

Syllabus

<p>MORTGAGES. Absolute deed. Code 1893, § 4233. Statute of frauds. Pleadings. Demurrer. Evidence.</p> <p>Under code 1892, § 4233, providing that an absolute deed shall not be shown by parol evidence to be a mortgage where the grantor parts with the possession of the property, a bill in equity to have a deed, absolute on its face, adjudged a mortgage, which charges that it was intended by the parties to be a mortgage, is not de-murrable on the grounds—</p> <p>(a) That it does not charge that the maker of the deed retained possession; nor</p> <p>fb) That it does not show that the agreement evidencing the intent was in writing.</p>