Ahern v. McCarthy

Citations

• 107 Cal. 382
• 40 P. 482
• 1895 Cal. LEXIS 763

Syllabus

<p>Mortgage—Deed Absolute in Form—Evidence.—A deed absolute in form, if given to secure the payment of a debt, will be treated in equity as a mortgage, and the facts and circumstances attending its execution may be shown by parol evidence.</p> <p>Id.—Continuing Indebtedness. —Whether the deed can be treated as a mortgage or not must depend upon whether there was a continuing indebtedness from the grantor to the grantee to be secured by it; if there is no indebtedness there can be no mortgage. In the present, case the finding that there was no indebtedness is held to be justified by the evidence.</p>