Bekins v. Fidelity Savings & Loan Ass'n

This action was instituted to set aside a decree of foreclosure. The appeal is from the judgment of dismissal, rendered upon the refusal of the plaintiffs to plead further after a demurrer had been sustained to their complaint.

The allegations of fact in the complaint are admitted by the demurrer to be true; those facts are summarized as follows:

On April 7,1930, to secure the payment of a promissory note evidencing a loan to them by respondent loan association, appellants, a marital community, executed and delivered to the loan association a mortgage upon real estate situate in Spokane county.…