Couts v. Winston
California Supreme Court
The facts are stated in the opinion of the court. Daney & Lewis, Bieknell, Gibson, Trask, Dunn & Crutcher,, and Edward E. Bacon, for Appellants. There being no debt, and no promise to repay the money,, there was no mortgage. (Henley v. Hotaling, 41 Cal. 28 ; Ahern v. McCarthy, 107 Cal. 382, 386, 40 Pac. 482 ; 3 Pomeroy’s Equity Jurisprudence, p. 1196.) The evidence falls short, of the proof which the law requires, and the appellate court is bound by the rule.
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The facts are stated in the opinion of the court. Daney & Lewis, Bieknell, Gibson, Trask, Dunn & Crutcher,, and Edward E. Bacon, for Appellants. There being no debt, and no promise to repay the money,, there was no mortgage. (Henley v. Hotaling, 41 Cal. 28 ; Ahern v. McCarthy, 107 Cal. 382, 386, 40 Pac. 482 ; 3 Pomeroy’s Equity Jurisprudence, p. 1196.) The evidence falls short, of the proof which the law requires, and the appellate court is bound by the rule. (Sheehan v. Sullivan, 126 Cal. 189, 194, 58 Pac. 543, and cases cited.)
1Opinion of the CourtSloss, J.
In 1902 the plaintiffs executed and delivered to the defendant Carolina M. Winston a deed of certain real property in San Diego County. This action was brought to have that deed declared a mortgage, and to redeem the land. The defendants answered, denying that the instrument was intended as a mortgage, and filed a cross-complaint praying-judgment for possession of the premises. Upon a trial, the findings were in favor of the plaintiffs, and they had judgment granting them the right to redeem. Appeals are taken from the judgment and from an order denying the defendants’ motion for a new trial.
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2Cases cited9 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Sheehan v. SullivanCalifornia Supreme Court · 1899
- Wadleigh v. PhelpsCalifornia Supreme Court · 1906
- Henley v. HotalingCalifornia Supreme Court · 1871
- Mahoney v. BostwickCalifornia Supreme Court · 1892
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3Cited by61 opinions
- Beeler v. American Trust Co.California Supreme Court · 1944
- Viner v. UntrechtCalifornia Supreme Court · 1945
- Stromerson v. AverillCalifornia Supreme Court · 1943
- Title Ins. and Trust Co. v. IngersollCalifornia Supreme Court · 1910
- In Re Estate of PepperCalifornia Supreme Court · 1910
56 more not listed; retrieve them via the Exa API.