Cowing v. Rogers
California Supreme Court
Appeal from the Probate Court, Fourth Judicial District, City and County of San Francisco. This was an action in equity to have a deed to lands, absolute upon its face, made to defendant Rogers by the plaintiff and his wife, declared to be a mortgage, to redeem therefrom and to compel a reconveyance. The defendants, by their answer, denied that the instrument was intended as a mortgage or as a security.
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Appeal from the Probate Court, Fourth Judicial District, City and County of San Francisco. This was an action in equity to have a deed to lands, absolute upon its face, made to defendant Rogers by the plaintiff and his wife, declared to be a mortgage, to redeem therefrom and to compel a reconveyance. The defendants, by their answer, denied that the instrument was intended as a mortgage or as a security. The Court declared it to be a mortgage, and given simply as security; and further decreed, that the amount due should be paid by plaintiff in gold coin, within forty-five days, or that his…
1Opinion of the Court
By the Court, Rhodes, J. :
The appellant presents two points: first—that the judgment is erroneous in requiring the redemption money to be paid in gold coin; and second—that it is also erroneous in requiring the plaintiff to redeem within a limited time, or his equity of redemption be forever barred.
In his motion for a new trial the jilaintiff has not specified wherein the evidence was insufficient to justify or support the findings. After the findings were filed he filed his objections thereto, in which he specified several of the findings as unsupported by the evidence. This is not the…
2Cited by20 opinions
- Boyce v. FiskCalifornia Supreme Court · 1895
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Gem-Valley Ranches, Inc. v. SmallIdaho Supreme Court · 1966
- Prince v. LynchCalifornia Supreme Court · 1869
- Sloane v. LucasWashington Supreme Court · 1905
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