Harris v. Sutherland (1888) · DecisionDepot

Harris v. Sutherland

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Dec 4, 1888 No. No. 12,655Published

Before: Foote

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Holding. The court held that the evidence was sufficient to support the lower court's finding that the instrument in question was intended to be a deed rather than a mortgage.

Issues

Whether the evidence was sufficient to support the finding that the instrument was a deed and not a mortgage.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the evidence is sufficient to warrant the court below in finding that a certain instrument in writing made by the plaintiff to Sutherland, the defendant, was intended to be a deed, and not a mortgage.”

“The evidence is conflicting, and the finding should be upheld.”

Synopsis

Mortgage—Deed Absolute—Weight of Evidence.—A decree deciding that a deed absolute on its face is not a mortgage will not be disturbed, on appeal, where the evidence is conflicting.

FOOTE, C. This case turns upon the point as to whether or not the evidence is sufficient to warrant the court below in finding that a certain instrument in writing made by the plaintiff to Sutherland, the defendant, was intended to be a deed, and not a mortgage. The evidence is conflicting, and the finding should be upheld. We advise that the judgment and order be affirmed.

We concur: Belcher, C. C.; Hayne, C.

PER CURIAM. For the reasons given in the foregoing opinion the judgment and order are affirmed.

Harris v. Sutherland

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