Western Security Co. v. Douglass

The opinion of the court was delivered by

Gordon, J.

This action was brought to foreclose a *216mortgage on real estate, and the sole defense relied upon is that of payment. The lower court having found in favor of the respondents (defendants below), the cause comes here upon appeal.

It appears that the mortgage was given March 1, 1888, to secure a loan of $400, and was negotiated through, the instrumentality of one Jacob Stitzel, a real estate agent and loan broker at Colville, on the basis of ten per cent, interest, and was due and payable March 1, 1893. Both principal and interest were payable,…