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Books Books 1 - 10 of 25 on To insist on what was really a mortgage, as a sale, is in equity a fraud, which cannot....  
" To insist on what was really a mortgage, as a sale, is in equity a fraud, which cannot be Cuyugan vs. Santos. successfully practiced, under the shelter of any written papers, however precise and complete they may appear to be. "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 507
by Massachusetts. Supreme Judicial Court - 1894
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 60

United States. Supreme Court, William Cranch, Henry Wheaton, Richard Peters, Benjamin Chew Howard, Jeremiah Sullivan Black - Law reports, digests, etc - 1857
...case of Russell v. Southard, (12 How., 154,) this is not an open question. In that case the court say: "To insist on what was really a mortgage, as a sale, is in equity a fraud." And in Conway v. Alexander, (7 Cranch, 238,) Chief Justice Marshall says : " Having made these observations...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 35

Illinois. Supreme Court - Law reports, digests, etc - 1866
...upon that as a sale which was really a mortgage, cannot be successfully practiced under the shield of any written papers, however precise and complete they may appear to be. That in equity there can be no estoppel in such cases to obstruct the inquiry into the real nature...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 30

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, James Buckley Black, Benjamin Harrison, Michael Crawford Kerr, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1869
...parties when the deed and memorandum were executed. This is clear, both upon principle and authority. To insist on what was really a mortgage, as a sale,...is in equity a fraud, which cannot be successfully practiced, under the shelter of any written papers, however precise and complete they may appear to...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 19

United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870
...parties when the deecl and memorandum were executed. This is clear, both upon principle and authority. To insist on what was really a mortgage, as a sale,...of any written papers, however precise and complete thev may appear to be. In Conway v. Alexander, 7 Cranch, 238, CJ Marshall says: " Having made these...
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Reports of Decisions in the Supreme Court of the United States, Volume 1

Samuel Freeman Miller - Law reports, digests, etc - 1874
...Southard, (12 How. 154,) this is not an open Babcock v. Wyman. question. In that case the court say: "To insist on what was really a mortgage, as a sale, is in equity a fraud." And in Conway v. Alexander, (7 Cranch, 238,) Chief Justice Marshall says: " Having made these observations...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 2

Arthur MacArthur - Law reports, digests, etc - 1877
...parties when the deed and memorandum were executed. This is clear, both upon principle and anthority. To insist on what was really a mortgage as a sale, is in equity a frand, which cannot be successfully practiced under the shelter of any written papers, however precise...
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Pittsburgh Legal Journal, Volume 28

Law reports, digests, etc - 1881
...mortgagee has no claims, either in equity or law." And in Maffitt v. Rynd, 19 Smith, 387, SH AHSWOOD, J ., says : "To insist on what was really a mortgage, as...is in equity a fraud, which cannot be successfully practiced under the shelter of any written papers, however precise and complete they may appear to...
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A Treatise on Real Property Trials ...

William Henry Malone - Real property - 1883 - 814 pages
...mode of dealing between the parties." In the Supreme Court of the United States,* it was held that " to insist on what was really a mortgage as a sale is, in equity, a fraud." In Con way v. Alexander,! Chief Justice Marshall says: " Having made these observations on the deed...
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The Pacific Reporter, Volume 86

Law reports, digests, etc - 1906
...parties when the deed and memorandum were executed. This is clear, both upon principle and authority. To insist on what was really a mortgage, as a sale,...is in equity a fraud, which cannot be successfully practiced, under the suelter of any written papers, however precise and complete they may appear to...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 9

Law reports, digests, etc - 1885
...Southard, 12 How., 154 ( 491-509, infra), this is not an open question. In that case the court say: "To insist on what was really a mortgage, as a sale, is in equity a fraud." And in Conway v. Alexander, 7 Cranch, 238 ( 457, supra), Chief Justice Marshall says: "Having made...
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