Nutter v. Cowley Investment Co.

Citations

• 85 Wash. 207
• 147 P. 896
• 1915 Wash. LEXIS 1269

Syllabus

<p>Mortgages — Absolute Deed as Mortgage — Evidence. Wlien property lias been conveyed by a deed absolute in form, without any contract of defeasance or other written instrument showing that it was intended as a mortgage, the contention that it was intended as a mortgage required clear, convincing and cogent evidence to uphold it.</p> <p>Appeal and Error — Review—Harmless Error. In an action to have a deed adjudged to be a mortgage, to which the defendants answered that the deed was absolute and not intended as a mortgage, error of the court in failing to so find, and entering a decree of foreclosure cannot be reversed on plaintiff’s appeal, where defendant filed no cross-appeal and accepted the decree of foreclosure; since the error was prejudicial to defendants and not to plaintiffs.</p>