Braidwood v. Harmon

Plaintiffs, Harold and Wanda Braid-wood, executed a promissory note secured by a mortgage on their home in favor of Harold Braid-wood’s uncle, Clarence L. Pinel. After Pinel’s death, the Braidwoods commenced this action claiming that Pinel had, during his lifetime, made a gift of the note and mortgage to them. They asked that the note and mortgage be cancelled and that Pinel’s administrator be enjoined from foreclosing the mortgage.

After hearing the evidence offered by both parties, the judge, as trier of fact, found that the Braidwoods had failed to prove a gift inter vivos and entered an…