Chantler v. Hubbell

Citations

• 34 Wash. 211
• 75 P. 802
• 1904 Wash. LEXIS 338

Syllabus

<p>Trusts — Fraud—Blind Mortgage in Fraud oe Creditors — Accounting By Fraudulent Mortgagee as Trustee — Aid Refused to Either Party. Where a “blind” mortgage was given .to protect the property from execution upon an anticipated judgment against the owner, and the property is nevertheless sold on execution and the judgment creditor becomes the purchaser, and afterwards sells the land for a small sum to the holder of such mortgage, the owner is not entitled in equity to an accounting from such mortgagee as a trustee, since the transaction was a fraud which the courts should discourage by refusing aid to either party.</p> <p>Appeal — Findings on Conflicting Evidence — Review. Findings in an equity case should not be disturbed where but two witnesses testify and their evidence is conflicting and the lower court had an opportunity to observe their appearance and conduct on the witness stand.</p>