Kellogg v. Cook

*518The opinion of the court was delivered by ’

Gordon, J.

The complaint in this action alleges that in October, 1889, one Josephine Gibbs executed to the plaintiff (appellant) a mortgage on lots 5 and 6, block 36, in Railroad addition' to the city of Spokane to secure the payment of the sum of $7,000. That thereafter the defendant (respondent here) purchased the property from the said Josephine Gibbs and assumed and agreed in her deed of purchase to pay off the said mortgage; that'said deed of purchase was accepted by the defendant and filed for record and- thereafter recorded in the office of the…