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Per Curiam: In order to show by parol that a deed absolute on its face is a mortgage, the proof must be clear, explicit, and unequivocal: Plumer v. Guthrie, 26 P. F. Smith, 441. Tested by this well-recognized rule of law, the evidence was clearly insufficient to justify a verdict, that as between these parties the deed absolute on its face was in fact only a mortgage. The learned Judge committed no error in instructing the jury to return a verdict in favor of the plaintiff below.
Judgment affirmed.
Document Info
Docket Number: No. 58
Citation Numbers: 1 Pennyp. 500
Filed Date: 10/24/1881
Precedential Status: Precedential
Modified Date: 2/18/2022