Dalton v. Leahey

Citations

• 80 Cal. 446
• 22 P. 283
• 1889 Cal. LEXIS 936

Syllabus

<p>Mortgage — Deed Absolute—Agreement for Bepurchase—Trust — Findings outside of Issues__In an action to have a deed absolute on its face declared a mortgage, if the court finds that the deed was a conveyance in satisfaction of a debt due from the grantor to the grantee, and renders judgment for the defendant, the judgment will not be reversed because of findings outside the issues, and unwarranted by the evidence, as to a parol agreement for repurchase of the premises by the plaintiff, upon paying the price at which they were sold, with interest, and that the property was held in trust for the plaintiff, with the right to reimbursement.</p>