Miller v. Fryberg
Washington Supreme Court
Appeal from a judgment of tbe superior court for King county, Abel, J., entered July 29, 1921, in favor of tbe defendant bank, decreeing tbe priority of a mortgage over mechanics’ liens, in an action to foreclose a mechanics ’ lien, tried to tbe court.
1Opinion of the CourtHolcomb, J.
— Fryberg and wife, being tbe owners of tbe real estate involved herein, in King county, *244Washington, and desiring to construct a dwelling house thereon, made, executed and delivered to W. J. Byrne their note for $2,300, payable five years after date, and a first mortgage upon the real estate, maturing five years after date, which instruments were dated February 27, 1920. In consideration of the note, and mortgage securing the same, Byrne gave Fryhergs no money, but agreed to construct the dwelling, and from the money represented by the note and mortgage, pay for all labor and material…
2Cases cited5 opinions
- Curtis v. . MooreNew York Court of Appeals · 1897
- Geo. M. McDonald & Co. v. JohnsWashington Supreme Court · 1911
- People's Trust Co. v. TonkonogyAppellate Division of the Supreme Court of the State of New York · 1911
- Seattle National Bank v. AllyWashington Supreme Court · 1912
- Nashua Trust Co. v. W. S. Edwards Manufacturing Co.Supreme Court of Iowa · 1896
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- Hu Hyun Kim v. LeeWashington Supreme Court · 2001