Montgomery v. Spect
California Supreme Court
Appeal from a judgment for the defendant, and from an order denying a new trial, in the Tenth District Court, County of Colusa. Keyser, J. The complaint is in the ordinary form in ejectment. The defendant in his answer denies all of the allegations of the complaint, and sets up specially the facts stated in the opinion, and prays for affirmative relief.
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Appeal from a judgment for the defendant, and from an order denying a new trial, in the Tenth District Court, County of Colusa. Keyser, J. The complaint is in the ordinary form in ejectment. The defendant in his answer denies all of the allegations of the complaint, and sets up specially the facts stated in the opinion, and prays for affirmative relief. The judgment is that the plaintiff, upon payment to him by defendant Spect of the sum of $9,000, convey to the said defendant the land in controversy; and, upon his failure to do so for ten days after tender to him of said sum, that a deed be…
1Opinion of the Court
McKee, J.:
Whether a deed absolute in form be a mortgage, is a question of intention to be inferred from all the facts and circumstances of the transaction in which the deed was executed, taken in connection with the conduct of the parties after its execution. In such cases, the central fact to be found is, the existence of an indebtedness at the time of the transaction, and a continuation of the relation of debtor and creditor. If that fact be found, the inference deduciblo from it is, that the deed was not made to transfer the title to the land described in it, but was made for the purpose…
2Cases cited6 opinions
- Robinson v. CropseyNew York Court of Chancery · 1833
- Farmer v. GroseCalifornia Supreme Court · 1871
- Sears v. DixonCalifornia Supreme Court · 1867
- Hickox v. LoweCalifornia Supreme Court · 1858
- Scott v. FieldsSupreme Court of Pennsylvania · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Booth v. HoskinsCalifornia Supreme Court · 1888
- Hall v. ArnottCalifornia Supreme Court · 1889
- Husheon v. HusheonCalifornia Supreme Court · 1886
- Allen v. AllenCalifornia Supreme Court · 1892
- Rogers v. GreerArizona Supreme Court · 1950
14 more not listed; retrieve them via the Exa API.