Kincaid v. Thompson

Citations

• 13 Wash. 377
• 43 P. 352
• 1896 Wash. LEXIS 55

Syllabus

<p>TRUST EX MALEFICIO — PAYMENTS — ORDER OF APPLICATION.</p> <p>The fact that a bank has a chattel mortgage upon a hop crop will not raise a presumption that a subsequent voluntary lease of the farm to the vice president of the bank was in trust for the purpose of having the proceeds of the crop applied to the extinguishment of the debt due the bank and the balance turned over to the lessor, in the absence of any showing of fraud or duress in procuring the lease.</p> <p>The order in which the law requires payment to be applied on different debts may be changed by agreement of the parties.</p>