Book v. West

Citations

• 29 Wash. 70
• 69 P. 630
• 1902 Wash. LEXIS 556

Syllabus

<p>MORTGAGES ■— APPURTENANCES.</p> <p>A mortgage conveying certain unoccupied upland, “together with all and singular the appurtenances thereunto now or hereafter 'belonging,” would not pass as appurtenant abutting tideland upon which the mortgagor had erected and in use a wharf and warehouse, when the use of such tideland was in no, way incident to the use or ownership of the upland.</p> <p>SAME — -ASSIGNMENT OF INSURANCE POLICY ON ADJOINING LANDS AS ADDITIONAL SECURITY.</p> <p>A stipulation in a mortgage to the effect that the mortgagors should keep the buildings then erected or thereafter to he erected upon the mortgaged premises insured and that policies should be assigned to the mortgagee, when so intended by the parties, is a valid agreement for additional security, where it refers to buildings on adjacent tideland which did not pass with the mortgage of the uplands as an appurtenance thereto.</p>