Blair v. Squire

Citations

• 6 Cal. Unrep. 350
• 59 P. 211
• 1899 Cal. LEXIS 1151

Syllabus

<p>Appeal—Finding Supported by Substantial Evidence.—The supreme court will not disturb a finding of fact made by a trial court, if there is any substantial evidence to support it.</p> <p>Deed—Presumption as to Consideration.—Under Code of Civil Procedure, sections 1614, 1963, subdivision 39, providing that a written instrument is presumptive evidence of a consideration, the introduction of a deed in evidence places the burden of showing want of consideration on the party alleging it, and carries with it a presumption that it was given for a valuable consideration.</p> <p>Mortgage—Deed Absolute.—Defendant’s Mother Owed Her, and defendant was surety for her mother for more than the value of the mother’s interest in land conveyed to defendant by absolute deed, in consideration of full satisfaction of the mother’s indebtedness. Defendant took possession of the land, collected rents and paid interest on other liens assumed by her. She did not surrender her mother’s notes, but did not keep them with any idea of collecting them, and at the time of the execution of the deed, defendant took a continuing mortgage from her mother on the land in renewal of a previous mortgage for the same amount, to preserve her priority over other liens. Held, that the evidence was sufficient to support a finding that the deed was an absolute conveyance, and not a mortgage.</p>