Atkins v. Atkins

WARNE, J. pro tem. *

The pretrial conference order entered in this action declared: "This is an action to set aside a deed, to quiet title and, alternatively, for recovery of value of. . . real property. ...” The judgment declared the deed, absolute in form, to be a mortgage, and the court entered judgment accordingly in favor of respondents. Appellant appeals from the judgment.

Stating the facts in the light most favorable to the plaintiffs the record shows that Sharon Atkins, hereinafter referred to as respondent, is an elder brother of appellant. Respondent is a retired physician and…