Peres v. Crocker

Citations

• 5 Cal. Unrep. 606
• 47 P. 928
• 1897 Cal. LEXIS 980

Syllabus

<p>Mortgage—Deed Absolute.—In an Action to Declare a Deed Absolute in form a mortgage, a judgment for defendant cannot be set aside where, in confirmation of the presumption of the deed, there was evidence from the conduct of the grantor, and from his pecuniary condition at the time of its execution, and his declarations before and after, that the deed was in fact absolute.</p> <p>Evidence—Harmless Exclusion.—Where Plaintiff had Already Testified as to what he told his grantee certain lands conveyed by him “ought” to have been worth at the time, exclusion of his estimate of their value was harmless.</p>