Corbet v. Waller

The opinion of the court was delivered hy

Mount, J.

This action is to foreclose a mortgage upon certain real estate in Spokane county, Washington. The allegations of the complaint are in the usual form, and are all admitted, except the allegation of non-payment. The answer alleged that before the commencement of the action the plaintiff’s intestate entered into an agreement whereby defendants agreed to convey, and plaintiff’s intestate agreed to accept, a part of the property described in the mortgage, in full satisfaction thereof, and to surrender and release the note and mortgage; that…