Ferguson v. Miller
ALFRED H. FERGUSON v. JONATHAN MILLER, JOHN PARKS, JOHN V. BERRY and others
- Area
- civil
- Panel
- Heydeneeldt (author), William J. Murray, Jr.
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydeneeldt
Mr. Justice Heydeneeldt delivered the opinion of the Court.
Mr. Ch, J. Murray concurred.
The error in this case is too palpable for discussion. The paper executed by Kelly to Parks is upon its face so distinctly a mortgage that it can be called by no other name.
If the proof had shown without doubt that Kelly stood by, and saw Parks sell the property without interposing, and a knowledge of this could be brought home to Kelly’s subvendees, he and those claiming under him would be estopped from asserting title. But however suspiciously the evidence would lead us to regard the acts of these parties, it is insufficient to prove such a fraud.
The judgment is reversed, and the cause remanded.