Brice v. Starr
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Ronald, J., entered July 17, 1915, upon findings in favor of the plaintiff, in an action for fraud, tried to the court.
1Opinion of the Court
*502On Rehearing.
Ellis, J.
This case is before us on a rehearing En Banc. The facts are sufficiently presented in the opinion of Department Two rendered on the former hearing. Brice v. Starr, 90 Wash. 369, 156 Pac. 12. The sole question is this, Was the pendency of the action to cancel the deed a bar to the prosecution of the action to recover the amount of the mortgage wrongfully placed upon the land by appellants? This action was the first instituted. It grew out of the same transaction set up in the second action to cancel the deed for fraud. Had appellants deemed themselves aggrieved by the…
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