Farmer

This action was commenced for the purpose of having a grant deed decreed to be a mortgage. At the conclusion of plaintiff’s evidence the trial court ordered a nonsuit, apparently on the ground that there was no evidence from which the court could find that the deed was intended by the parties as a mortgage, and judgment went accordingly. Plaintiff appeals.

There was evidence tending to prove the following facts: Appellant owned, or had an agreement under which he could acquire certain real property. Respondent, acting as the agent of one Alice M. ETood, although there was evidence that he also was the agent of appellant, brought the ' latter and Mrs. Flood together on paper. As a result of respondent’s activity, a lease, signed by both the principals, was executed, whereby appellant demised to Mrs. Flood his real property for a term, to commence thirty days after the completion of a hotel which he contracted, as a part of the agreement of lease, to erect upon the premises. It was necessary for appellant to borrow money with which to construct the hotel, and following the execution of the lease, Mrs. Flood entered into an agreement to lend him #12,000 for that purpose, payment of…