Hatupin v. Smith

Though buried in a record which is overburdened with evidence on collateral matters and which is replete with innuendo, charge, and countercharge, the controlling facts in this controversy are quite simple and not much in dispute.

One Emil Pohl owned a second mortgage on property in Seattle known as the Alvena Vista apartments. August 11, 1938, he deposited the mortgage, with an assignment of it and the note which it secured, with Lawyers & Realtors Title Insurance Company under the following directions:

“You are authorized and directed to deliver said instruments ... to John Hatupin or order,…