Penney v. Simmons
Citations
- 99 Cal. 380
- 33 P. 1121
- 1893 Cal. LEXIS 673
Syllabus
<p>Deed — Mobtgage—Absolute Conveyance—Pbesumption—Finding. — The presumption of law, independent of proof, is that a deed absolute in form is what on its fane it purports tobe—an absolute conveyance; and this presumption should prevail unless the evidence is such as to leave in the mind of the trial judge a clear and satisfactory conviction that the deed was intended by all the parties as a mortgage, and in the absence of such evidence the finding should be against the party claiming it to be a mortgage.</p> <p>Id__Pbovinoe of Tbial Ooubt—Conflicting Evidence—Appeal, — Whether in any case the evidence is sufficiently strong and clear to produce conviction that a, deed absolute in form was a mortgage is matter for the trial court to determine; and the finding of the trial court that the deed was not intended as a mortgage will not be set aside upon appeal, when there is a substantial conflict in the evidence.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- to authorize a recovery on the theory that plaintiff has paid defendant money under a mistake of fact, plaintiff must show that he was “laboring under a mistake as to the facts,” and not merely that he was ignorant of the means of proving the facts which would show his nonliability
Source: CourtListener parenthetical corpus (CC0).
Judges: Haven
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