New York Supreme Court September 7, 1857 (Ryan & Nevins v. Dox)

By the Court, Welles, J.

It may be regarded as a settled doctrine of courts of equity, that parol evidence is admissible to *447show that a deed, absolute in its terms, was intended only as a mortgage. (4 Kent’s Com. 142, 3d ed. Strong v. Stewart, 4 John. Ch. 167, and cases there cited. Whittick v Kane, 1 Paige, 202. Van Buren v. Olmstead, 5 id. 9. Hodges v. Tenn. Mar. Ins. Co., 4 Selden, 416.