MacDonald

This is an action to have a deed, absolute on its face, declared to be a mortgage, and to foreclose the same. It appears from the findings, which are supported by the evi dence, that plaintiff, in 1897, was a money-lender in San Francisco, and that the defendant J. F. Turner was indebted to him in the sum of seven hundred dollars, for which plaintiff held two promissory notes executed by said Turner, and certain collaterals as security. Plaintiff was dissatisfied with his security, and Turner desired more money. Turner then, as plaintiff testified, suggested that he owned a tract of land which was standing in the name of Mrs. Cool, and said he would cause a deed to be made to Mr. Macdonald by Mr. and Mrs. Cool, and thereupon would seek further credit. As a matter of fact, Mr. Turner was not the owner of any interest in the land, but he knew that Mrs. Cool desired to secure a loan of six hundred dollars upon it, and therefore represented to her .that Mr. Macdonald would loan the money to her upon the land, and advised her to deed the land to Macdonald, who would hold it as security. Mr. and Mrs. Cool made the deed as suggested, and handed it to Turner, who gave for it the following…