Lynch v. Lynch

The purpose of this action is to secure a decree declaring and adjudging that a certain deed, executed by one James Lynch, and purporting to convey absolutely to the defendant, J. K. Lynch, a certain tract of land situated in the county of San Luis Obispo, to be and to have been in fact intended by the parties thereto to operate as a mortgage only.

The complaint sets out in detail the facts attending the transaction which resulted in the execution and delivery of the deed in question by James Lynch to James K. Lynch, the grantor and grantee being, respectively, father and son, and, by appropriate averments, declares that said instrument was intended to have the effect of a mortgage only, and that such was understood to be its sole purpose by both the grantor and the defendants (both sons of James Lynch) at the time of its execution and delivery.

The issues tendered by the complaint were met by the defendants by answer, wherein, by way of admissions of certain averments of the complaint, they assert that the deed in question was intended as an absolute conveyance of the property.

The evidence was submitted to a jury, sitting in an advisory capacity, and to them the court…