HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ussccases0198 and id is 1 raw text is: DECEMBER TER ., 1856. 289
?abcoc v. Wyman.
this court. This is so obviously an interlocutory decree, that
we do not think it necessary to examine it in detail, to show
that a further and final decree is necessary, to give to the com-
'plainant any of the advantages to which the court in its
previous directions has declared him to be entitled.
For th ieasons given in the opinion in the case of Roswell
Beebe et al., appellants, v. William Russell, we therefore
direct this cause to be dismissed for want ofjurisdiction.
ARCHIBALD BABCOCK, APPELLAwT, v. EDWARD WYMi.
Paol evidence is admissible to show that a conveyance of property, absolute upon
the face of it, was really a mortgage or deed of trust.
In the present case, parol evidence, taken in conjunction with corroborating
circumstances, shows that the deed was not intended to be absolute.
The statute of limitations is not applicable, because the possession was not adverse.
So, also, the trustee is not protected by the statute, although he sold the land
and received the proceeds six years before the bill was filed, because it was his
duty to apply those proceeds to the reduction of the interest and principal of the
debt due to him when the deed was made.
[ML CHIEr JUSTICE TANEY AND U. JusTIn DANW. DID NOT err II TmS CAUSE.]
Tas was an appeal from the Circuit Court of the.United
States for the district of Massachusetts, sitting in equity.
The bill was filed by Edward Wyman, a citizen of Missouri,
and an assignee of Nehemiah Wyman, by a deed of convey-
ance made in 1853. The facts of the case are particularly
stated in the opinion of the court, and need not be repeated.
The decree of the Circuit Court was as follows, viz:
This case havinig been heard on the.bill of complaint filed
therein, and upon the answer'of the defendants thereto, and
upon the proof exhibited by the respective parties, and the
arties having been heard by their counsel, this court doth
eclare the conveyance of Nehemiah Wyman to said defendan4.
bearing date the twentieth day of November,. in the year one
thousand eight hundred and twenty-eight, to have been a
mortgage to secure the debts, the amount whereof is named
in said deed, as the consideration of the same; and that, at
the times of the sales of the lands in said conveyance set fortl
by the defendant, the assignor of the complainant had the
-right to redeem the same; and doth declare that the absolute
sales and conveyances by defendant of said land to bona fide
purchasers for valuable consideration, without notice, was a
constructive fraud upon the rights 9f the assignor of complain-
ant; and that therefore he became entitled, as against the
vOL. xx 19](ViewImageLocal?handle=hein.slavery/ussccases0198&div=1&collection=&method=preview&ext=.png&size=3)