Deniz v. Ferraiz

[91 CalApp2d Page 416] Plaintiff and appellant, Joaquin B. Deniz, as administrator of the estate of Joe B. Deniz, deceased, filed this action against defendant and respondent Jack Ferraiz, [91 CalApp2d Page 417] as executor of the last will of Caroline Xavier, deceased, to have a deed executed by Joe B. Deniz to Caroline Xavier, covering a house and lot in Los Angeles County, declared to be a mortgage and to declare that the loan which the mortgage secured was paid in full. A prayer for a reconveyance of the property to plaintiff's estate, and for an accounting for rents received followed. Defendant answered and denied that the deed was intended for a mortgage and denied that the loan was paid. After trial, the court, sitting without a jury, entered judgment in favor of defendant. The crucial finding was that the deed was not intended as a mortgage. Judgment was entered accordingly.