
    Webb v. Rice, 6 Hill, 219.
    In S. Ct. 1 Hill, 606.
    
      Mortgage; Parol Evidence to Prove Deed a Mortgage.
    
    Ejectment. The defendants offered to prove by parol, and without showing any written defeasance, that the deed to the plaintiff was intended merely as a mortgage, and the judge admitted the evidence. Declarations of the plaintiff to that'effect were proved, and Moore the grantee, was examined as a witness, who proved that the deed was intended to secure the plaintiff against an endorsement made for his accommodation. Bill of exceptions. Verdict for defendants.
   The Supreme Court held the evidence admissible, Bronson, J., dissenliente.

The Court of Errors reversed the judgment of the Supreme Court, holding that parol evidence was not-admissible in a court of law, to show that a deed, absolute on its face, was intended as a mortgage. The question whether even admissible in a court of equity, except on the ground of fraud, mistake or surprise, was raised, but not decided.

Judgment reversed, 2 only voting for affirmance.  