Collette

Zephir F. Collette, the father and only heir of Clifford B. Collette, deceased, instituted this action for the purpose of having a grant deed, executed by Clifford B. Collette during his lifetime to the defendant Uyacinthe Sarrasin, declared to be a mortgage. Upon a trial of the action judgment was rendered in favor of plaintiff, but upon appeal the supreme court reversed the judgment because of the error of the trial court in excluding certain testimony. (Collette v. Sarrasin, 184 Cal. 283 [ 193 Pac. 571 ].) Thereafter but prior to the second trial, which resulted in the judgtiient from which the present appeal was taken, John M. Bowen, as administrator of the estate of the said Clifford R. Collette, deceased, filed a complaint in intervention, in which he joins with the plaintiff in asking that the deed in question he declared a mortgage. The case was tried by a jury to which special interrogatories were submitted. These interrogatories covered the principal issues presented by the pleadings. The jury found in favor of defendant upon all matters submitted to them. The court in its findings of fact adopted, in the main, the verdict of the jury and rendered judgment in favor of…