RIZO v. MACBETH

No. 461.

398 P.2d 209 (1965)

Manuel RIZO, Appellant, v. John E. MACBETH, Appellee.

Supreme Court of Alaska.

January 21, 1965.


Attorney(s) appearing for the Case

Hugh G. Wade, Wade & Conway and L. Eugene Williams, Anchorage, for appellant.

Francis J. Nosek, Jr., Anchorage, for appellee.

Before NESBETT, C.J., and DIMOND and AREND, JJ.


NESBETT, Chief Justice.

The principal question raised by appellant is whether the evidence was sufficient to declare that a deed to real property, absolute on its face, was actually only intended to serve as a security instrument.

The record reveals that the case below turned principally on the court's estimate of the credibility of the parties, who were the main witnesses, because the testimony with respect to key issues was in irreconcilable conflict.

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