Kellner v. Rowe

This action was brought to cancel and set aside the assignment of a real estate mortgage which had been sold by the defendant Owen A. Rowe, who will be referred to as though he were the only party defendant, to the plaintiff, and for a return of the consideration paid. The trial was to the court without a jury and resulted in a decree as prayed for by the plaintiff. From this decree, the defendant appeals.

The facts are these: The appellant was engaged in the real estate mortgage loan business in the city of Seattle. The respondent resided at Manitowoc in the state of Wisconsin. In January,…