Whiteley v. De Vries

WADE, Justice.

The question presented by this appeal is: Did the trial court err in holding that an instrument, in form an absolute deed, was in fact a mortgage?

Early in 1947, the defendants, Mr. and Mrs. DeVries, decided to build a motor court on their property on South State Street in Salt Lake County, Utah. To finance this undertaking, they borrowed $4000 and later an additional $1000 from the plaintiff, Whiteley, securing the same by two separate notes and mortgages on that property dated March 10 and April 15, 1947, respectively. On June 25, 1947, defendant Ewell entered into a contract…