Ybarra v. Lorenzana
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. Action to declare a deed to a lot in Los Angeles á mortgage. In 1875, the plaintiff borrowed five hundred dollars of defendant, Juan C. Lorenzana, and gave a mortgage upon the premises in controversy as security.
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Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. Action to declare a deed to a lot in Los Angeles á mortgage. In 1875, the plaintiff borrowed five hundred dollars of defendant, Juan C. Lorenzana, and gave a mortgage upon the premises in controversy as security. A year afterwards, when the debt became due, the defendant demanded a deed absolute, which should nevertheless operate as a mortgage, and the plaintiff conveyed to him accordingly. In August, 1877, the defendant Juan C. conveyed to his wife, the defendant Cesaría, for the purpose, as the…
1Opinion of the Court
By the Court :
The findings are attacked on the ground that it appears by the evidence that the plaintiff executed the deeds of July 19th and August 2d, respectively, for the purpose of defrauding his creditors.
The plaintiff, testifying in his own behalf, stated as follows: “ The paper (the conveyance of July 19th) was made because parties wanted me to pay more than, was justly due them, and, therefore, I went and made this conveyance of this piece of land to Mr. Lorenzana to save it from being taken from me to satisfy an unjust debt.” Again, he testified as follows: “I executed this deed [the…
2Cited by6 opinions
- Moore v. SchneiderCalifornia Supreme Court · 1925
- Kitts v. WillsonIndiana Supreme Court · 1891
- Davy v. KelleyWisconsin Supreme Court · 1886
- O'Conner v. WardMississippi Supreme Court · 1883
- Ullrich v. UllrichSupreme Court of Connecticut · 1897
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