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COYLE V. DAVIS, 116 U. S. 108 (1885)

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U.S. Supreme Court

Coyle v. Davis, 116 U.S. 108 (1885)

Coyle v. Davis

Submitted December 4, 1885

Argued December 9, 1985

Decided December 21, 1885

116 U.S. 108


The grantor in an absolute deed of an undivided interest in land in fee simple sought by a suit in equity against the grantee to have it declared a mortgage. There was no defeasance either in the deed or in a collateral paper, and the parol evidence that there was a debt and that the intention was to secure it by a mortgage was not clear, unequivocal, and convincing, and it was held that the presumption that the instrument was what it purported to be must prevail.

The weight of the testimony was that the transaction was a sale and that the property was sold for about its sale value in view of the facts that there was a poorly built and poorly arranged building on the premises which was incapable of actual partition and that the law did not permit a partition by a sale in invitum, and that the grantor's interest was a minority interest.

In equity. In the absence of plaintiff's counsel when this chanroblesvirtualawlibrary

Page 116 U. S. 109

case was called it was submitted by counsel for defendants. On motion, and for reasons shown the submission was set aside and argument ordered. The facts are stated in the opinion of the Court.

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