Legal Opinion

Equitable Savings & Loan Ass'n v. Barnes

Washington Supreme Court

Decided June 10, 1912No. 9644PublishedCited by 3 opinions

Appeal from a judgment of the superior court for Eng county, Tallman, J., entered January 13, 1911, upon findings in favor of the defendants, in an action to foreclose a mortgage.

1Opinion of the CourtCrow, J.

This action was commenced by Equitable Savings & Loan Association, a corporation, against Susan J. *2Barnes and Fred J. Barnes, her husband, to foreclose a real estate mortgage. From a decree in defendants’ favor, the plaintiff has appealed.

The only issue is the rate of interest respondents contracted to pay. If it was twelve per cent per annum, as contended by appellant, judgment of foreclosure should be entered. If it was seven per cent per annum, as contended by respondents, the note and mortgage were fully paid, and the judgment should be affirmed. The trial judge properly found that, on…

2Cases cited3 opinions

  1. Sherman v. SweenyWashington Supreme Court · 1902
  2. Hubenthal v. Spokane & Inland Railway Co.Washington Supreme Court · 1906
  3. Lilienthal v. HerrenWashington Supreme Court · 1906

3Cited by3 opinions

  1. Seattle Trust Co. v. MorganWashington Supreme Court · 1932
  2. Equitable Savings & Loan Ass'n v. BowesWashington Supreme Court · 1912
  3. In the Matter of the Estate of Helen Louise Giorgi Grimsley OwenCourt of Appeals of Washington · 2019

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