McCall v. Smith

Plaintiff brought this action to recover judgment upon a promissory note and to foreclose a real estate mortgage given as security therefor. Defendants’ answer set up a general denial and three, affirmative defenses, two of which were pleaded by way of cross-complaint. Trial by the court resulted in findings of fact and conclusions of law upon which a decree was entered in favor of plaintiff.

On and prior to January 10, 1934, appellants were the owners of certain improved real estate occupied' by them as a home, in the city of Seattle. A mortgage on the property in approximately the sum of…