Ahern

Ahern v. McCarthy

Caution
107 Cal. 382·1895 Cal. LEXIS 763·40 P. 482
Supreme Court of CaliforniaJune 1, 1895No. 15761California1,146 words

Opinion

Lead Opinion

Belcher, J.

On the 6th of October, 1886, the plaintiffs, who were husband and wife, executed to the defendant a deed, absolute in form, of a lot of land in the city of San Francisco, and in September, 1890, they commenced this action to obtain a decree adjudging that the said deed was in fact a mortgage, given to secure the payment of money due and to become due from plaintiffs to defendant, and that they he allowed to redeem the property on payment of the amount found due the defendant, and also that defendant be required to account for the rents and profits of the property while in her possession.

The answer denied that the deed was given to secure the payment of any money, or that it was, or was intended to be, a mortgage, and alleged that it was given and received as an absolute conveyance.

The court below found, upon all the issues raised by *383 the pleadings, against the plaintiffs, and gave judgment in favor of the defendant, from which, and from an order denying their motion for a new trial, the plaintiffs appeal.

The appellants contend that the findings were not justified by the evidence, and that is the only ground urged for a reversal.

It is a general and well-settled rule of…

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