Sahlin v. Gregson

Citations

• 46 Wash. 452
• 90 P. 592
• 1907 Wash. LEXIS 639

Syllabus

<p>Mortgages — Absolute Deed as Mortgage — Evidence—Sufficiency. An absolute deed is not shown, by clear and satisfactory evidence, to be a mortgage, where only the grantor testified to that effect and he was contradicted, by three witnesses, part of whom were disinterested, and where the grantor took the precaution to reserve a gravel bed embracing but a small proportion of the land, which would probably not have been excepted had the transaction been a loan.</p> <p>Same — Inadequacy of Price. In an action to reform a deed of a one-half interest in land, claimed by plaintiff to be a mortgage to secure $100, inadequacy of such sum as a purchase price is not shown, where it appears that the whole property was subject to a mortgage for $1,500, which was at least two-thirds of its value; tnat previously, but subsequent to the mortgage, the grantor had conveyed a one-half interest in the property by warranty deed, which might throw the whole burden of the mortgage on the half interest in question; and where, after the giving of the deed in question, the other half interest was sold for $300, there having meantime been an increase in values.</p>