Ross v. Brusie

Appeal from a judgment of the Superior Court of Stanislaus County, and from an order refusing a new trial.

Bill to redeem. It was claimed by the plaintiff that a conveyance of land made by deed absolute upon its face was intended as a mortgage. This was denied by the defendant. At the trial the defendant aslced the plaintiff, who was a witness, the question recited in the opinion. The conversations sought to be proved were of a date subsequent to the execution of the deed. The court sustained an objection to the question upon the ground that conversations subsequent to the execution of the deed were irrelevant.