Sanchez v. Torquemada

Defendants appeal from a judgment determining a deed absolute in form to he a mortgage and ordering defendants to reconvey the property upon the payment of an amount determined by the court to he secured thereby.

No question is made of the correctness of the amount to be paid but appellants argue that the finding that the deed was in fact a mortgage is not supported by the evidence. The evidence was in sharp conflict and appellants invoke the clear and convincing evidence rule. It is now settled that this rule is one for the guidance of the trial court and an appellate court’s inquiry ends…