Plaintiff, Julie Davis, appeals from a judgment entered in the Superior Court (Hancock County, Marsano, J.) on her declaratory judgment action concerning real property located in Sedgwick. In her complaint, plaintiff requested that the court determine the legal significance of a conveyance of title to that property from a Massachusetts corporation, Natural Enterprises, Inc.
Competent evidence in the record supports the court’s factual finding that the Picciandras acquired title to the property in order to protect them financial position so long as they continued to make mortgage and other payments related to the property. This finding supports the court’s imposition of an equitable mortgage. See Seaman v. Seaman,
Finally, we conclude that the court did not abuse its discretion or otherwise err in setting a 90-day redemption period and in requiring plaintiff to pay interest on the sums paid by the Picciandras for the benefit of the property. We find no error in the court’s requiring her to repay amounts expended by the Picciandras starting in May 1981. Even though the record supports plaintiffs contention that Michael Picciandra resided on the property before February 1982, plaintiff still benefitted from the fact that the Picciandras made the mortgage and other payments.
The entry is:
Judgment affirmed.
^ concurring
Notes
. The Superior Court found that the stock of NEI was marital property at the time of plaintiff’s and Michael Picciandra's divorce.
