Bettis v. Townsend

Citations

• 61 Cal. 333
• 1882 Cal. LEXIS 608

Syllabus

<p>Deed Intended as Mortgage.—The I. O. 0. F. of Red Bluff, a corporation, loaned to the defendant seven hundred dollars, for the purpose of redeeming certain real estate, the property of one B. for the benefit of the plaintiffs who were his children—the property being subject to a deed of trust made by B. to secure a debt. The property was redeemed by defendant pursuant to this understanding and reconveyed to B. by the Trustees, who thereafter conveyed the same in pursuance of the above arrangement to defendant by deed absolute in form for the consideration expressed in seven hundred dollars. Afterwards the defendant sold the land for twelve hundred dollars; and this action is brought to recover the difference of five hundred dollars. Held: The transaction constituted a mortgage.</p> <p>Id.—Action by Beneficiary of Trust.—The action was properly brought in the names of the beneficiaries of the trust.</p> <p>Sufficiency of Evidence—Appeal.—The sufficiency of the evidence to justify the findings can not be reviewed upon an appeal from the judgment not taken within sixty days after the judgment was rendered.</p>