Seal v. Puget Sound Loan & Investment Co.

The opinion of the court was delivered by

Dunbar, J.

This action is for the foreclosure of a mortgage on certain real estate in which appellant, a corporation, was mortgagor. The mortgage shows on its face that it was regularly executed by proper officers of the corporation. The defense sought to be established is, that the mortgage was executed by officers of the corporation without authority from such corporation. The referee before whom the testimony was taken finds as a question of fact that the note and mortgage were executed and delivered *423by the president and secretary without being…