Thomas v. Bartell

This action was brought to have a deed declared’a mortgage. The lower court found that the- parties intended the deed in question to be a mortgage; and- the sole question on appeal involves the purely factual issue of whether the evidence is sufficient to sustain that conclusion.

It is conceded that, to establish the character of the deed as a mortgage, the burden was upon plaintiffs-respondents to establish the fact by clear, -unequivocal, and convincing testimony. The lower court applied this principle in deciding the issues.

A deed was executed to appellant as the result of an application to…