Section 320. Certain deeds deemed mortgages  


Latest version.
  • A deed conveying real property,
      which, by any other written instrument, appears to be intended only as a
      security in the nature of a mortgage, although an absolute conveyance in
      terms,  must  be considered a mortgage; and the person for whose benefit
      such deed is made, derives no  advantage  from  the  recording  thereof,
      unless  every  writing,  operating  as  a  defeasance  of  the  same, or
      explanatory of its being desired to have the effect only of a  mortgage,
      or conditional deed, is also recorded therewith, and at the same time.