Chaffee v. Hawkins

Citations

• 89 Wash. 130
• 154 P. 143
• 1916 Wash. LEXIS 660

Syllabus

<p>Acknowledgmeno^-Certificate — Impeachment—Proof—Evidence —Sufficiency. To impeach the certificate of acknowledgment of a mortgage, fair on its face, the evidence must be clear and convincing; and the burden is not sustained by the unsupported evidence of the mortgagors, two illiterate colored people, to the effect that they did not agree or intend to give a mortgage and signed the papers supposing them to be notes, and did not acknowledge them, where their testimony is denied by all who were present and challenged by all the concomitant facts and circumstances.</p> <p>Mortgages — Presumption • — • Deficiency Judgment — Liability of Grantee — Deeds-—Covenants. A deed of mortgaged premises, made subject to liens generally, and subject to a particular mortgage which was described and which the grantee assumed to pay, does not render the grantee liable to a deficiency judgment upon another and prior mortgage, as a vendee is liable on such a covenant only where it is clear that he intended to pay a lien or indebtedness.</p> <p>Appeal — Abandonment—Second Notice. Upon giving notice of abandonment of an appeal, a second appeal may be taken within the time limited, and it is immaterial that the first notice and bond was not withdrawn from the files.</p> <p>Appeal — Record—Conclusiveness. A formal order reciting the date of overruling a motion for a new trial should be corrected below and not questioned for the first time in the briefs.</p> <p>Appeal — Time por Taking — Entry op Judgment. Tbe time for taking an appeal runs from the date of entering final judgment and not upon an oral announcement or the filing of a memorandum opinion.</p> <p>Appeal — Review—Findings. When clear, cogent and convincing evidence is necessary to overcome a presumption, findings upon conflicting evidence will be reversed if the evidence supported by the presumption preponderates against the findings.</p>