Richards v. Lawing

Mitchell, J.—

Claude W. Estes and wife owned a vacant lot in Seattle. They executed a warranty deed dated August 28, 1929, purporting to convey the lot to Paul C. Lawing. Under the same date, Lawing and wife made and delivered to Claude W. Estes their negotiable promissory note in the sum of eighteen hundred dollars, and secured the payment of it by a mortgage on the lot, dated and delivered on the same date.

It appears that the deed from Estes and wife to Lawing was neither delivered nor recorded at the date it was executed, but was held by Estes with the note and mortgage given to him by…