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" 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 Determined in the Supreme Court of ..., Volume 8

West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1891 - 858 pages
...in 1851, (12 How. 139, — sec 147.) Mr. Justice Curtis, delivering the opinion of the Court, said : "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 cai*h«rt, and complete they may...
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Elements of the Law of Bailments and Carriers Including Pledge and Pawn and ...

Philip Taylor Van Zile - Bailments - 1902 - 856 pages
...and the reason of it are fully and clearly stated by Mr. Justice Curtis in Russell v. Southard, 13 How. 139. He says: 'To insist on what was really a...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 Cases Argued and Determined in the Appellate Court of ..., Volume 27

Indiana. Appellate Court - Law reports, digests, etc - 1902 - 800 pages
...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 can not be successfully practiced, under the shelter of any written papers, however precise and complete...
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The Southeastern Reporter, Volume 49

Law reports, digests, etc - 1905 - 1068 pages
...court quotes with approval the following language from Russell v. Southard, 12 How. 139, 13 L. Ed. 927: "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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The Pacific Reporter, Volume 92

Law reports, digests, etc - 1908 - 1164 pages
...what was really a mortgage, as a sale. Is In equity n fraud, which cannot be successfully practiced, under the shelter of any written papers, however precise and complete they may appear to be. In Conway v. Alexander, 7 Cranch (TJ. S.) 238, 3 L. Ed. 321, Chief Justice Marshall says: 'Having made...
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Elements of the Law of Bailments and Carriers, Including Pledge and Pawn and ...

Philip Taylor Van Zile - Bailments - 1908 - 952 pages
...stated by Mr. Justice Curtis in Russell v. Southard, 12 How. 139. He says: 'To Insist on what was realy 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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Colorado Reports, Volume 37

Colorado. Supreme Court - Law reports, digests, etc - 1907 - 758 pages
...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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A Treatise on the Law of Mortgages of Real Property, Volume 1

Leonard Augustus Jones - Mortgages - 1928 - 1146 pages
...mortgagee, for an additional consideration, where the transaction is without fraud or undue influence, to insist on what was really a mortgage as a sale is a fraud in equity.-4 Where a mortgagee purchases the mortgaged premises, and the evidence shows fraud...
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The Northeastern Reporter, Volume 62

Law - 1902 - 1224 pages
...parties when the deed and memorandum were executed. This is clear, both on 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 Cases Determined in the Supreme Court of the State of ..., Volume 123

California. Supreme Court - Law reports, digests, etc - 1899 - 846 pages
...estop plaintiff from pleading and proving the fact. As was said in Russell v. Southard, 12 How. 139: "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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