Reed v. Parker
Washington Supreme Court
Appeal by plaintiffs from a judgment of tbe superior court for Tburston county, Linn, J., entered January 5, 1903, upon tbe findings and decision of tbe court in favor of defendants, after a trial before tbe court without a jury, dismissing on tbe merits a complaint to reform a deed as a mortgage, and decreeing that tbe defendants are tbe owners in fee of tbe premises.
1Opinion of the CourtHadley, J.
On September 30, 1898, appellants were tbe’ owners of certain real estate in Tburston county. They bad previously conveyed said property by deed to one George S. Allen, and received from tbe latter a written agreement in tbe nature of a defeasance, whereby be agreed to reconvey tbe premises to them upon their payment of a named sum of money within a specified time. Tbe deed was made in consideration of, and to secure, an existing indebtedness, and on tbe date above mentioned said indebtedness was still unpaid. At tbe same time a *109prior mortgage existed against said property in favor of one M.…
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