A conveyance or other writing absolute on its face, where the maker parts with the possession of the property conveyed by it, shall not be proved, at the instance of any of the parties, by parol evidence, to be a mortgage only, unless fraud in this procurement be the issue to be tried.
Miss. Code Ann. § 89-1-47
Deed not shown to be mortgage by parol evidence
Applied in 4 court decisions — leading case 741 So. 2d 1041 - Anderson v. Kimbrough (1999)
Most recently applied in Stinson v. Hall (September 2006)
Codes, 1880, § 1299; 1892, § 4233; 1906, § 4783; Hemingway’s 1917, § 3127; 1930, § 3351; 1942, § 272.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.