State ex rel. Montgomery v. Superior Court

The opinion of the court was delivered by

Gordon, C. J.

In February, 1891, John M. Montgomery (then unmarried) mortgaged the premises involved in this litigation to Barnes & McCandless. For the disposition of the present controversy, it may be assumed that that mortgage has not been paid. Subsequent to its execution the mortgagor and Sasie F. Montgomery (relator) intermarried, and are now husband and wife. In Decern*565her, 1896, tbe husband executed to the relator a warranty deed to the premises in question. On January 4, 1897, in an action then and theretofore pending in the superior court of…