Sappington v. Owens

Citations

• 92 Wash. 632
• 159 P. 785
• 1916 Wash. LEXIS 806

Syllabus

<p>Mortgages — Deficiency Judgment — Agreement— Evidence — Sufficiency. While a deficiency judgment will not be prevented by the erasure of a clause in a mortgage note authorizing the same, the court is warranted in finding therefrom that there was an agreement that no deficiency judgment should be taken and that the mortgagee should look alone to the security, the mortgagor and a disinterested witness testifying to that effect.</p> <p>Same — Action on Note — Defenses — Reformation — Reply — Bueden of Proof. Upon a 'defense to a mortgage note seeking refor, mation as to the provision for a deficiency judgment, the burden is upon plaintiff to prove the allegations of his reply that defendants had misrepresented the value of the property and were not entitled to the equitable relief of reformation.</p> <p>Appeal — Review—Findings. A finding sustained by substantial evidence and none preponderating against it .will not be set aside where the trial court had the advantage of hearing the witnesses and weighing the credibility of each.</p>