Schaad v. Robinson

Citations

• 50 Wash. 283
• 97 P. 104
• 1908 Wash. LEXIS 714

Syllabus

<p>Mortgages — Foreclosure—Answer—Payment — Fraud. An answer states a good defense to the foreclosure of a mortgage, where it alleges that the' same is paid and satisfied and that the satisfaction was being withheld and the foreclosure is being prosecuted as a fraudulent conspiracy to eliminate defendants’ liens against part of the property.</p> <p>Same — Partial Release — Effect on Subsequent Liens. The release by a mortgagee of a portion of mortgaged premises sufficient to satisfy the mortgage debt, after notice of the liens of judgment creditors of the mortgagor upon the balance of the mortgaged property, discharges the mortgage as to all the property.</p> <p>Same — Notice to Mortgagee — Pleading—Sufficiency. An allegation in an answer that a mortgagee had full and actual knowledge of subsequent liens upon part of the mortgaged premises at the time he released other portions of the property from the mortgage, is a sufficient allegation of notice operating to release pro tanto the balance of the property.</p> <p>Pleading — Demurrer—Definiteness. Want of definiteness in an answer must be taken advantage of by motion and not by demurrer.</p>