Pacific Savings & Loan Ass'n v. Smith

Respondents Smith and wife gave appellant their mortgage on a house and lot in Seattle *596to secure a loan of money. This mortgage contained a clause which provided that,

“In case of foreclosure, the mortgagors hereby expressly waive any claim of homestead and all right to possession of the premises during the period allowed by law for redemption. ’ ’

Later this property was sold to the respondents Keith and wife, the instrument of conveyance containing the following clause,

“Subject to all taxes. Also subject to a mortgage to the Pacific Building & Loan Association (being the appellant), each of…