Castor v. Muramoto
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Tallman, J., entered November 27, 1911, dismissing an action for the foreclosure of a mortgage, upon sustaining a demurrer to the complaint.
1Opinion of the CourtMorris, J.
In an action to foreclose a mortgage for default in the annual payment of interest, the court below-sustained a demurrer to the complaint, and dismissed the action; holding that, under the terms of the mortgage, the action was prematurely brought. This is the only question presented by the appeal.
The note for which the mortgage was given as security, and the mortgage, must of course be read and construed together in determining the contract of the parties and their relative rights thereunder. By the terms of the note, it is provided that the principal sum is payable on or before five years…
2Cases cited9 opinions
- Clemens v. LuceCalifornia Supreme Court · 1894
- Phelps v. MayersCalifornia Supreme Court · 1899
- Brickell v. BatchelderCalifornia Supreme Court · 1882
- Meyer v. GraeberSupreme Court of Kansas · 1877
- Maddox v. WymanCalifornia Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McCormick v. DaggettSupreme Court of Arkansas · 1924
- Mercantile Trust Co. v. San Joaquin Agricultural Corp.California Court of Appeal · 1928
- Flesher v. HubbardSupreme Court of Oklahoma · 1913
- First Savings Bank of Ogden v. BrownUtah Supreme Court · 1936