Workman v. Greening

Citations

• 115 Ill. 477
• 4 N.E. 385

Syllabus

<p>1. Mortgage—of a deed absolute in form—whether a mortgage. It is a question of intention whether a deed absolute in form is a mortgage or absolute conveyance, to be ascertained from all the circumstances in evidence; and if it appears, no matter as to the form of the transaction, that the “conveyance is but an indemnity or security, it will be held a mortgage, and the kind of indemnity or indebtedness intended to be secured is unimportant.</p> <p>2. Same—parol evidence to shou' the character of the transaction. It is competent in a court of equity to show by parol evidence that an instrument purporting on its face to be an absolute conveyance of real estate, is in fact but a mortgage.</p>