45 P. 762 | Or. | 1896
Opinion by
However, the errors relied upon in the giving and refusal of instructions to the jury by the court are stated in the bill of exceptions with sufficient clearness to be definitely understood, and some of these we will examine. The decree of the Superior Court of the State of Washington for Klikitat County having determined the status of the mortgage in question, as it relates to the identical property here claimed, plaintiff cannot now claim ownership by virtue of a foreclosure of the mortgage and a purchase of the property by him, thus cutting off defendants’ equity of redemption; but he was, after the rendition of said decree, entitled to the possession of said property under the mortgage, by its terms, for the purpose of foreclosing the same to satisfy his lien, and the matter so stood at the date of the filing of the complaint herein, July ninth, eighteen hundred and ninety-five. On the following day the defendants paid to plaintiff’s attorney in Klikitat County the amount of the note with