Malm v. Griffith

Citations

• 109 Wash. 30
• 186 P. 647
• 1919 Wash. LEXIS 979

Syllabus

<p>Mortgages (107, 113)—Sale by Mortgagor to Mortgagee—Junior Liens—Right oe Redemption. In view of Rem. Code, §§ 594, 595, entitling a junior mortgagee to redeem within one year after foreclosure of a senior mortgage, a senior mortgagee who took a quitclaim deed under an agreement for redemption within one year, without notice of a prior unrecorded mortgage, is not a tona, fide purchaser for value, but takes subject to the junior mortgagee’s right to redeem.</p> <p>Same (57)—Priorities Between Mortgages. A conveyance to secure a pre-existing debt does not confer upon the grantee the right of a tona fide purchaser as against a prior unrecorded mortgage unknown to the grantee.</p> <p>Same (256, 257)—Redemption—Laches. Delay for eight years in recording a mortgage does not affect the mortgagee’s right to redeem from a subsequent mortgage, where the only effect of the delay was to render it a second or junior mortgage.</p>