Hoover v. Bouffleur

Citations

• 74 Wash. 382
• 133 P. 602
• 1913 Wash. LEXIS 2064

Syllabus

<p>Mortgages — Absolute Deed and Option to Repurchase — Intent— Evidence — Suieíciencv. The rule requiring clear and convincing evidence that an absolute deed and option to repurchase were intended as a mortgage and not a sale, does not require the intent to appear on the face of the papers; and a mortgage is sufficiently established where it appears that property worth $4,000, subject to a balance of $2,000 due on a mortgage, was deeded in consideration of $250; most of which was applied on overdue installments on the mortgage, and only $7.50 paid to the grantor, that an option to repurchase within 30 days upon payment of $325, was given by the grantee, who made a studied effort to evade the effect of the usury laws, and there was a direct conflict in the testimony of the parties as to whether a loan or a sale was made.</p>