28 Wash. 150 | Wash. | 1902
The opinion of the court was delivered by
— This is the second appeal in this cause, the first having been disposed of and reported in 20 Wash. 433 (55 Pac. 574). The statement of the case there is as follows: In August, 1892, John L. Austin executed and delivered to J: K. Edmiston two promissory notes,' one for $4,000 and one for $8,000, due in six months and in one year, respectively, and at the same time executed to Edmiston a mortgage upon certain real property to secure the payment of the notes. ■ Within a month thereafter, Austin, the mortgagor, conveyed the mortgaged premises by warranty deed to Edmiston, the mortgagee, in which deed Edmiston assumed and agreed to pay the mortgage indebtedness ; and at the time of tailing this deed Edmiston was the owner and holder of the notes, and had not assigned the mortgage given to secure them, and there was
The material facts found upon the last trial, as above stated, seem to present the question of merger again as decisive of the case. The statement in the syllabus on the former appeal, “where the whole title; legal and equitable, unites, in the same person, and there are no outstanding intervening interests or liens, the acceptance of a deed by the mortgagee, in which he assumes the mortgage debt, effects a merger of the two titles, which could not be defeated by the grantee’s thereafter assigning the notes secured before their maturity,” is the law of this case.
The decree of foreclosure is affirmed.
Anders, White, Eullerton, Mount, Hadley and Dunbar, J.J., concur.