Fonner v. Martens
California Supreme Court
APPEAL from a judgment of the Superior Court of Santa Clara County. 3. R. Welch, Judge. Reversed. The facts are stated in the opinion of the court.
1Opinion of the CourtSloane, J.
The plaintiff brought this action to have his conveyance to defendant of certain real property by deed, absolute in form, declared a mortgage and to quiet bis title thereto.
The trial court found upon sufficient evidence, if it was admissible, that the deed was given to secure advances of money made and to be made by defendant for the plaintiff, subject to certain payments due for money advanced on the mortgage security.
This appeal from the judgment turns upon the question of various matters operating by way of estoppel against the respondent and res adjudícala, to bar the relief granted.
The…
2Cases cited11 opinions
- Pico v. CohnCalifornia Supreme Court · 1891
- Sohler v. SohlerCalifornia Supreme Court · 1902
- Adams v. HopkinsCalifornia Supreme Court · 1904
- Bradley Co. v. BradleyCalifornia Supreme Court · 1913
- Hanley v. HanleyCalifornia Supreme Court · 1896
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3Cited by5 opinions
- Wilson v. WilsonCalifornia Court of Appeal · 1942
- Mann v. MannCalifornia Court of Appeal · 1946
- Roberts v. RobertsCalifornia Court of Appeal · 1927
- Sontag v. DenioCalifornia Court of Appeal · 1937
- Withington v. CollinsCalifornia Court of Appeal · 1943