MacDonald v. Cool

This is an action to have a deed, absolute on its face, declared to be a mortgage, and to foreclose the same. It appears from the findings, which are supported by the evi dence, that plaintiff, in 1897, was a money-lender in San Francisco, and that the defendant J. F. Turner was indebted to him in the sum of seven hundred dollars, for which plaintiff held two promissory notes executed by said Turner, and certain collaterals as security. Plaintiff was dissatisfied with his security, and Turner desired more money. Turner then, as plaintiff testified, suggested that he owned a tract of land…