Clambey v. Copland

Citations

• 52 Wash. 580
• 100 P. 1031
• 1909 Wash. LEXIS 1159

Syllabus

<p>Appeal — Review—Findings of Fact — Sufficiency. In the absence of the evidence, a finding of fact that a deed was given and Intended as security for a debt is not bad as a conclusion of law.</p> <p>Same — Findings in Equity — Necessity. Incomplete or defective findings are not ground for reversal in an equity case, since no findings are necessary to support the decree.</p> <p>Evidence — Parol Varying Writing — Deed and Option Given as Mortgage. Where a deed was given as security for a debt, the grantee giving bach to the grantor an “option to purchase,” oral evidence showing that the intent of the parties was to consider the two instruments as a mortgage is not inadmissible as varying the terms of the written option.</p> <p>Quieting Title — Deeds Intended as Mortgage — Issues—Judgment — Unnecessary Parties. Where the owners of premises had successively given two deeds thereof to secure debts to different parties, an action brought by the first grantee against the second grantee to remove the cloud of the latter’s deed is properly dismissed, where it is shown that both deeds were intended as mortgages; and it is immaterial that the mortgagors were not parties to the action.</p>