Painter v. Kennedy

Citations

• 89 Wash. 275
• 154 P. 161

Syllabus

<p>Mortgages — Assumption of Mortgage — Deed to Agent — Effect— Merged by Deed. Where mortgaged premises were traded by the mortgagors to one who assumed payment of the mortgage, and deeded to a bank as an agent, the bank is not liable on the assumption of the mortgage from the fact that the deed was taken in its name, where it did not agree to assume the mortgage; since such a promise is not merged in the deed, but is independent of it.</p> <p>Trial — Opening Case — New Issues — Cross-Complaint—Diligence, —Discretion of Court — Judgment—Res Judicata. It is not an abuse of discretion in a mortgage foreclosure suit, for the trial court, after trial and announcement of the judgment, to refuse leave to a defendant to file a cross-complaint against a codefendant for the purpose of establishing a liability for the amount of a deficiency judgment upon an alleged assumption of the mortgage; since there was lack of diligence, and the foreclosure decree does not prejudice the right to establish the liability in an independent action.</p>