Bunger v. Pruitt

Citations

• 73 Wash. 569
• 132 P. 237

Syllabus

<p>Appeal — Review—Findings. On a trial de novo on appeal, tlie supreme court must examine the evidence and determine wbat findings should have been made.</p> <p>Mortgages — Foreclosure — Release — Evidence—Sufficiency. In an action to foreclose a mortgage, findings that a quitclaim deed was given with intent to release the mortgage lien are not sustained by the evidence, and it is error to deny a foreclosure of the mortgage, where it appears that plaintiff, a married man, sold and conveyed the property to defendants by a deed in which his wife did not join, it being separate property, and claimed tbat tbe quitclaim deed, in which bis wife joined, was given only to assure tbe title; and defendants’ testimony tbat it was intended as a release of tbe mortgage, to prevent plaintiff’s wife from claiming any interest in tbe property, is unreasonable and improbable and inconsistent witb statements made by tbe defendants to several disinterested witnesses.</p> <p>Equity — Mistake—Release oe Mortgage. Where a quitclaim deed is given by a mortgagee for tbe purpose of curing a former deed, without intent to have it operate as a release of tbe mortgage lien, there is such a mistake as a court of equity will relieve.</p>