California Court of Appeal June 24, 1925, Docket No. 4885. (Farmer v. Barnes)

WORKS, J.

This action was commenced for the purpose of having a grant deed decreed to be a mortgage. At the conclusion of plaintiff’s evidence the trial court ordered a nonsuit, apparently on the ground that there was no evidence from which the court could find that the deed was intended by the parties as a mortgage, and judgment went accordingly. Plaintiff appeals.