Stewart v. Eaton

Citations

• 20 Wash. 378
• 55 P. 314
• 1898 Wash. LEXIS 536

Syllabus

<p>MORTGAGES-MERGER.</p> <p>Where two notes secured by the same mortgage are held by different parties and the holder of one note surrenders it to the maker and accepts a deed of the mortgaged premises, such act does not work a merger of his equitable lien, but he is entitled to intervene in a foreclosure of the mortgage by the other note-holder, and share pro rata in the proceeds of the sale.</p>