Applequist v. Swedish Evangelical Lutheran Gethsemane Church

Appellant brought this action to invalidate and cancel a mortgage made by respondent the church to respondent savings and loan association for $14,000 upon real estate in Seattle, belonging to respondent the church, to secure an indebtedness for a loan procured by the church from the loan association on July 21, 1925. The complaint alleges that the trustees of the church corporation had not qualified in that they had not subscribed to the oath of office; that they had no authority from the congregation to mortgage the premises; that the mortgagee knew that the mortgage was for an unlawful…