Northern Bond & Mortgage Co. v. Cowell

This appeal is from a decree in favor of Shields, as trustee for certificate holders, and intervener in the action, foreclosing a mortgage on property called the Cowell building in Seattle, denying any participation in the foreclosure. Although the action is one in equity and tried as such, the trial court, probably for convenience of the parties, made extensive findings of fact. The appeal is from the entire decree.

The claims of error are that the court erred in refusing to hold that appellant’s right to the note and mortgage was superior to the interest of participating certificate holders,…