Dignan v. Moore
Washington Supreme Court
Appeal from Superior Court, King Country. Action by James Dignan against William H. and Ellen A. Moore to quiet title to block 6 of Lake Dell Addition to the city of Seattle. On August 8, 1891, the defendant William H. Moore applied to the plaintiff for a loan of money on the property. The plaintiff refused to loan on • the property because it was incumbered.
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Appeal from Superior Court, King Country. Action by James Dignan against William H. and Ellen A. Moore to quiet title to block 6 of Lake Dell Addition to the city of Seattle. On August 8, 1891, the defendant William H. Moore applied to the plaintiff for a loan of money on the property. The plaintiff refused to loan on • the property because it was incumbered. Afterward Mr. Moore offered to take $1,500 for his equity in the property, provided he was given a six months’ option for its purchase. Plaintiff said he would submit his proposition to his counsel, Mr. Winsor, ‘£ and if Mr. Winsor says…
1Opinion of the Court
The opinion of the court was delivered by
Hoyt, J.
— We deem it unnecessary to enter into a discussion of the questions of law presented in the briefs of counsel, for the reason that, conceding the law to be as claimed by appellants, the facts shown by the record will not justify their contention founded thereon. The most that appellants claim is that a deed, absolute on its face, will be held to be a mortgage when in fact it was so intended by the parties thereto, or when it was given as security for the payment of money.
The undisputed proofs in this case show that the deed under which…
2Cited by9 opinions
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- Swarm v. BoggsWashington Supreme Court · 1895
- Boyer v. PaineWashington Supreme Court · 1910
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