Kegley v. Skillman

Citations

• 68 Wash. 637
• 123 P. 1081
• 1912 Wash. LEXIS 1344

Syllabus

<p>Mortgages — Absolute Deed as Mortgage' — Burden oe Proof — Evidence — Sufficiency. Clear and convincing evidence is required to establish, that an absolute deed was intended as a mortgage, even if there is a contemporaneous written agreement for a resale; and the same in insufficient, where the conveyance was made upon the grantee’s furnishing money to redeem the property from a mortgage foreclosure sale, the grantor was given a mere option to repurchase, and remained in possession under an agreement to pay rent; especially where the option declared that it was the only contract, except the lease, existing between the parties, and there was no evidence that any debt was created.</p> <p>Unlawful Detainer — Rent —Payment—Evidence—Sufficiency. In an action of unlawful detainer, evidence that checks were given for the rent does not establish payment of the rent, where it appears that the checks covered rent for some other month, or that payment of the checks was refused for want of funds to meet them.</p>