71-1-107. Transfers of interest.
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/mt/title-71/chapter-1/part-1/71-1-107·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
71-1-107 . Transfers of interest.
(1)Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act is to be deemed a mortgage, except when in the case of personal property it is accompanied by actual change of possession, in which case it is deemed a pledge.
(2)The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a subsequent purchaser or encumbrancer for value and without notice), though the fact does not appear by the terms of the instrument.