Sanders v. Visser

*337The opinion of the court was delivered by

Hoch, J.:

The plaintiff prevailed in an action to have an instrument in form a warranty deed with reservation of a life estate in the grantor declared to be a mortgage. The appellants contend that causes of action were improperly joined in the petition, and that the finding that the instrument was intended to be a mortgage was erroneous because not supported by a clear preponderance of the evidence.

In his petition, filed January 16,1947, the plaintiff alleged that in September, 1942, he was the owner and in possession of certain city property in Kansas…