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Latin. That which is done is of more avail than that which is pretended to be done. Thus, a donation between a husband and a wife, although clothed in some other form, such as a right in trust conveyed to a third party, may be revoked, for the law regards the real character of the transaction rather than the form in which it is transacted. So also a donation mortis causa, in whatever form of words it may be expressed, if its real character be plain, is revocable at any time by the granter. On the same principle, one who has disponed his lands by an ex facie absolute disposition to a creditor, is entitled to insist on a reconveyance, if the disposition granted by him was really one in security; the real transaction being, when proved, more regarded than the simulate form in which it is clothed.

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