Ross v. Brusie

Citations

• 70 Cal. 465
• 11 P. 760
• 1886 Cal. LEXIS 819

Syllabus

<p>Deed Absolute on its Pace—Mortgage—Finding — Conflict oe Evidence. —Where an issue is raised as to whether or not a deed absolute on its face was intended as a mortgage, a finding that it was executed in payment of a debt will not be disturbed, if the evidence as to its character is conflicting.</p> <p>Id. —Books oe Account—Evidence to Show Credit has been Given. — The plaintiff, being indebted, to the defendant on a book-account, conveyed to the latter the land in controversy in consideration of an agreement by him to give the former credit for a specified amount on his account. At the trial, the court, against the objection of the plaintiff, permitted the defendant to introduce his account-books in evidence to show that the credit had been given. Held, that the books were properly admitted.</p>