Shepherd v. Schmied

Citations

• 78 Wash. 685
• 139 P. 589
• 1914 Wash. LEXIS 1083

Syllabus

<p>Mortgages — Absolute Deed as Mortgage — Trusts — Evidence— Sufficiency. The evidence is sufficient to show that a deed was intended as a mortgage and that the grantee held the bare legal title in trust for one S., where it appears that the land was purchased for $710, by S. who paid down $110, and borrowed $600 from the mother of the grantee, a relative, whereupon the owners of the property made the deed in question and the grantee gave S. his bond for a deed to be executed within three years on payment of $600 with interest, and that S. went into the open and continuous possession and cleared, fenced and cultivated the land.</p> <p>Execution — Bona Fide Purchaser — Possession. The purchaser at execution sale is charged with notice that the judgment debtor held the bare legal title in trust, where the cestui que trust was in the open, continuous and notorious possession of the land; and hence is not a iona fide purchaser.</p>