Hesser v. Brown

Citations

• 40 Wash. 688
• 82 P. 934
• 1905 Wash. LEXIS 1050

Syllabus

<p>Mortgages — Satisfaction—Conveyance to Mortgagee — Deed Absolute on Failure to Redeem — Contract for Redemption — Construction — Evidence. A deed absolute in form in consideration of the amount due to the grantee upon a mortgage past due, should not be considered as a mortgage, although a contract made at the same time gives the grantor one year in which to redeem from the debt, and provides that the mortgage is to be kept alive, where the note and mortgage were surrendered to the maker, and the land was taken possession of by the grantees, who paid the taxes, made improvements and treated it as their own, and where the grantor abandoned the same and made no offer to pay the debt, or any claim to the property for seven years, when action for the debt was barred by the statute of limitations.</p>