Ordway v. Downey

The opinion of the court was delivered by

Gordon, J.

In the year 1890 Gotthard Grot and wife, owners of certain real property situated in King county, in order to secure their promissory note for the sum of $2,2Y5 executed a mortgage upon said premises in favor of Thomas S. Krutz, who thereafter, for value, assigned said mortgage and the note secured thereby to the respondent Ordway. Subsequent to the execution of the mortgage *413Grot and wife sold the premises to respondent Christ R. Frasch by a deed of conveyance, which contained the following clause, following the description of the premises…