Scalabrin v. Harrison

The decisive issue upon the trial and on this appeal is whether a certain deed from the defendant Harrison to the plaintiff was given and accepted in payment and discharge of Harrison’s indebtedness to Scalabrin on account of labor and materials furnished in building a house, as the trial court held, or, as the plaintiff claims, merely by way of security additional to that afforded by his right to a mechanic’s lien.

The quitclaim deed was absolute in form, was accepted and promptly caused to be recorded by the plaintiff. In ascertaining whether it was intended by the parties to be what its…