From Casetext: Smarter Legal Research

Ramsbottom v. Fitzgerald

Supreme Court of California
Feb 17, 1898
5 Cal. Unrep. 941 (Cal. 1898)

Opinion

          Department 1. Appeal from superior court, San Joaquin county.

          Action by R. Ramsbottom against B. M. Fitzgerald and others. Judgment for plaintiff, and defendants appeal. Affirmed.

         COUNSEL

          J. G. Swinnerton, for appellants.

          Elliott & Elliott, for respondent.


          OPINION

          PER CURIAM

          The only question presented is whether the evidence sustains the finding of the jury that the deed from defendants to plaintiff was intended as an absolute conveyance of the property, in satisfaction of the pre-existing indebtedness, and not as a mortgage to secure such debt. It would subserve no useful purpose to state the evidence, but it is sufficient to say that while, to our minds, it would seem to preponderate strongly in favor of defendants’ contention that the deed was intended as a mortgage, there certainly was direct and positive evidence tending to support the finding, and of a character to create a substantial conflict. This conflict was to be determined by the jury, and in such a case we cannot, under long-established principles, disturb their verdict. Judgment and order affirmed.


Summaries of

Ramsbottom v. Fitzgerald

Supreme Court of California
Feb 17, 1898
5 Cal. Unrep. 941 (Cal. 1898)
Case details for

Ramsbottom v. Fitzgerald

Case Details

Full title:RAMSBOTTOM v. FITZGERALD et al.

Court:Supreme Court of California

Date published: Feb 17, 1898

Citations

5 Cal. Unrep. 941 (Cal. 1898)
5 Cal. Unrep. 941

Citing Cases

Miles v. Johanson

The finding of a jury upon a substantial conflict of evidence will not be disturbed, though the evidence…

Aldrich v. Superior Court of Alameda County

that in the year 1888, upon proceedings regularly instituted under the provisions of the Political Code…