Questão jurídica principal
Whether the cantonal court acted arbitrarily in its assessment of the evidence regarding the handover of the mortgage note as security for the loan
Decisão extraída
The evidence assessment was not arbitrary; the court could reasonably infer that the note was delivered as security for the lender.
Fundamentação extraída
The testimony of the notary, the dated receipt, and the correspondence in the file supported the finding. The borrower’s alternative narrative did not make the opposite conclusion unavoidable.