Scandinavian American State Bank v. Downs

Citations

• 72 Wash. 79
• 129 P. 894
• 1913 Wash. LEXIS 1407

Syllabus

<p>Mortgages — Absolute Deed as Mortgage — Trust — Evidence— Sufficiency. A deed absolute in form is properly held to have been given as security for a debt, and not in trust for tbe grantor, where it appears to have been given pursuant to a demand for additional security, the grantor signed a statement so reciting, and his evidence in support of an alleged trust showed an intent on his part to defraud creditors, which was not communicated by the agent to the grantee.</p> <p>New Trial — Grounds—Surprise. Failure to call a certain witness does not entitle the adversary to a new trial on the ground of surprise.</p>