CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


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

Subscribe to Cases that cite 116 U. S. 108 RSS feed for this section

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

Syllabus

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.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED