Goon Gan v. Richardson

Citations

• 16 Wash. 373
• 47 P. 762
• 1897 Wash. LEXIS 327

Syllabus

<p>ACTION OF FORECLOSURE—PROOF OP NON-PAYMENT — PAROL EVIDENCE — MORTGAGE AS DEED—ALIEN OWNERSHIP — HOW ATTACKED.</p> <p>In an action to foreclose a mortgage upon real estate, to which no plea of payment has been set up in the answer, non-payment is prima facie established by the introduction in evidence of a certified copy of the mortgage as recorded, and by the further testimony of witness that the mortgage had not been paid.</p> <p>Parol evidence is incompetent to establish that an instrument, which is in form a mortgage, is in fact a deed of conveyance in fee.</p> <p>The incapacity of a mortgagee, by reason of alienage, to take title to real estate, can only be shown in a suit by the state. (Dunbar and Reavis, JJ., dissent).</p>