Welsh v. Loomis

This action was brought by John T. and Martin C. Welsh to cancel a satisfaction of mortgage, upon the ground that it was procured by fraud, and to foreclose the mortgage, when reinstated. During the pendency of the appeal, Martin C. Welsh died, and his executrix, Charlotte B. Welsh, has been substituted as appellant in his stead.

The amount involved is less than two hundred dollars, and the respondents have moved to dismiss the appeal. But the action is clearly equitable. The motion must, therefore, be denied. Lloyd v. Reinard, 130 Wash. 454, 227 Pac. 855.

It was admitted, or shown, at the…