Quinn v. Kellogg

This is a proceeding to have a deed absolute upon its face adjudged to be a mortgage, and to compel a reconveyance. The deed was executed by C. C. Kellogg to Patrick Quinn on the 18th day of October, 1883, and conveyed one-fourth of the Humbolt mining claim, and one-fourth of the north end of the Belgian mining claim, in California mining district, Lake county. The action was commenced on the 18th day of November, 1891.

At the trial, Kellogg the plaintiff, testified that .on October 18,1883, he borrowed of the defendant, Quinn, $300, and gave him the deed to hold until the money was repaid;…