De Carrion v. De Aguayo

Citations

• 6 Cal. Unrep. 716
• 65 P. 618
• 1901 Cal. LEXIS 1238

Syllabus

<p>Mortgage—Deed Absolute.—Plaintiff’s Grantor Borrowed Money at a bank, stating that defendants had applied to him for a loan to pay off two mortgages and that they would deed him the property. The mortgages were taken up, and assignments of them made to plaintiff’s grantor, defendants deeding him the premises. Subsequently plaintiff’s grantor presented defendants with a paper which showed the amount of the interest -due on the alleged loan, and defendants paid him a fee for the services of the person who computed the interest. After execution of the deed, defendants continued in possession of the premises, paying no rent or leasing the premises, and continuing to make improvements. Held, that the deed was a mortgage.1</p>