Mortgage—Deed Absolute in Form—Parol Evidence—Security for Debt.—A deed absolute in form may be shown by parol evidence to have been intended to be a mortgage, and if it was intended merely as security for the payment of a debt, it is a mortgage, no matter how strong the language of the deed or any instrument accompanying it may be.

Id.—Effect of Evidence—Question for Trial Court.—Where there is a substantial conflict in the evidence as to the character of the instrument, it is primarily for the trial court to determine whether the evidence in favor of the claim of mortgage is clear and convincing.

Id.—Finding—Evidence.—The finding that the deed in question was intended as a mortgage, is held to be sustained by the evidence, without substantial contradiction.

Id.—Obligation Essential to Mortgage—Need not be Evidenced by Writing.—The existence of an obligation to be secured is essential to the mortgage, but it is not necessary that the obligation be evidenced in writing, if in fact there was a debt.

Id.—Action for Bedemption from Mortgage—Pleading—Maturity of Debt.—In an action to have a deed declared a mortgage and for its satisfaction upon payment of the loan to secure which it was given, the fact that such loan was due and payable is sufficiently shown by an allegation of the complaint to the effect that the date on which the plaintiff had agreed to pay the loan had passed, and that no part thereof, except a specified amount, had been paid.

Id.—Excuse of Laches—Consent of Mortgagee to Delay.—The laches of the plaintiff in delaying the commencement of such action for over thirteen years after the maturity of the loan, is excused, if the defendant, during that period, repeatedly excused and exonerated the plaintiff from the obligation to make further payments on the indebtedness and requested him not to make further payments.

Id.—Sale of Part of Mortgaged Premisies—Consent of Mortgagor —Estoppel.—The grantor under such deed is not estopped to claim it was intended as a mortgage merely because he consented to a sale by the grantee of a part of the premises conveyed, and claimed a credit of the purchase price on the indebtedness secured by the deed.