Opinion
November 16, 1949.
Appeal from Supreme Court, Cortland County.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ.
The complaint seeks an adjudication that a deed executed by Nestor Zivotosky, now deceased, to defendant Peter Max be adjudicated to have been a mortgage. There is proof that it was given as collateral for a loan, and that the parties understood that upon repayment of the loan the interest conveyed by the deed would be reconveyed to the grantor. This was found as a fact by the Special Term upon an adequate factual record. Judgment unanimously affirmed, with costs.