Gelston v. Rullman

Bartol, J., delivered the opinion of this court. After a careful examination of the record in this case, and a mature consideration of the several points presented in the arguinent of the appellant’s counsel, we have discovered no ground for disturbing the order passed by the Circuit court, from which the appeal was taken. The bill of sale, from Rullman to Yolkmar and Rhinehardt, is on its face an absolute conveyance, “for the consideration of two thousand dollars lawful money paid” by the grantees to the grantor; in the bill of complaint, it is alleged, that it was in fact designed as a mortgage or security to indemnify the grantees from loss as sureties upon the replevin bonds of Rullman; and the bill of complaint further alleges that it was “intended to operate as a deed of trust; the trust being, that if said effects so conveyed should be. sold, that ²⁶⁷ the proceeds should be held by said Yolkmar and Rhinefiardt, to abide the result of any replevin suits between your orator and said Rullman, and to apply such proceeds to extinguish any judgments obtained by your orator, as well as to satisfy the rent accruing after the date of said bill of sale.” We think these allegations are not sustained by the proof in the record; even if we were permitted to consider the parol proof offered in their support, in the absence of any charge of fraud or mistake in the making of the bill of sale. They are denied in the answer of Yolkmar and Rhinehardt, the grantees, which distinctly avers that the bill of sale was made “on the consideration set forth on its face,” that the respondents “made the payment to the said Rullman of the said consideration therein named, and no indemnity was thought of, at the time of, or since the execution of the said hill of sale, against loss because of tile suretyship