Clambey v. Corliss

Citations

• 41 Wash. 327
• 83 P. 422
• 1906 Wash. LEXIS 962

Syllabus

<p>Appeal — Review — Objections to Pleadings — Tbial on Agreed Pacts. Where a case is tried upon an agreed statement of facts, objections to the pleadings may he eliminated from the case on appeal.</p> <p>Mortgages — Construction — Whether Collateral or Original Undertaking — Release by Changed Relation oe Principal. Where mortgages are executed pursuant to a tripartite agreement, whereby the mortgages were given by two of the parties to the third party, and the mortgagee agreed to pay stated sums to each mortgagor, it cannot he claimed by one of the mortgagors that he executed his mortgage as a surety mortgage, when the contract contains no reference to such suretyship and it was stipulated that certain liens against his land should he discharged, and there were other direct considerations moving to him, and it was one entire transaction; hence his mortgage would not be discharged by changed relations between the other two parties to the agreement.</p>