Smith v. Biscayne Park Estates

This appeal is from the final decree of the lower court holding that certain transactions involved in this litigation were mortgages rather than deeds of sale.

It is well settled in this jurisdiction that whether a deed absolute in form is to be taken as a mortgage depends on the parties' intention at the time of the execution. McKinney v. Gainey, 96 Fla. 547, 118 So. 917; Markell v. Hilpert, 140 Fla. 842, 192 So. 392; Marcus v. Hull, 142 Fla. 306, 195 So. 170. We are likewise committed to the rule that the findings of fact by a jury or by the court below will be sustained unless there is no…