Rozzano v. Moore

Rose Lusby, being the owner of lot 27 of a plat of orchard tracts in Yakima county, subject to a mortgage for eight hundred dollars secured by a promissory note due December 1, 1931, contracted to sell the north half of the lot, free from encumbrance, to defendant, Alice Moore. When Mrs. Moore received her deed in September, 1930, the whole of lot 27 was still subject to the mortgage, which had been reduced to six hundred fifty dollars.

In June, 1931, Alice Moore, by an instrument in writing, agreed to sell her north half of lot 27 to plain-' tiffs for the sum of three thousand dollars, of…