Smith v. Northern Pacific Railroad

The opinion of the court was delivered by

Gordon, C. J.

There are two causes of action set up in the complaint, — the first being to foreclose a mortgage upon distinct parcels of real estate; the second, to set aside an alleged fraudulent conveyance of one of the tracts, and to adjudge the holder of the legal title to be a trustee for *503a one-eighth interest. As to the latter cause of action, it appears to have been abandoned at the trial, and the real controversy was waged over the right of plaintiff to foreclose as to one of the tracts.

Prom the undisputed facts it appears that in January, 1892,…