Malbon v. Grow

The opinion of the court was delivered by

Dunbar, J.

Respondent Malbon brought this suit to foreclose a mortgage executed by Grow and wife to him in 1891, on real estate in Walla Walla county, making Rogers, Buff and wife and the First National Bank of Colfax, parties to the action by reason of their claiming some interest in the same. After the execution and filing of the mortgage from Grow to Malbon, appellant and defendant Rogers obtained mortgages to the same land and had the same placed of record in Walla Walla county.'

It is admitted that the respondent’s mortgage had been transcribed in…