129 Wash. 247 | Wash. | 1924
Harding and wife, since the year 1902, were the owners of a wheat ranch in Adams county. On October 18, 1910, they executed a mortgage to the Oregon Mortgage Company thereon for the sum of $4,000, this mortgage being filed and recorded on November 21,1910. On November 10,1914, Harding and wife executed a deed to the German-American State Bank of Ritzville, as security for an indebtedness owing by Harding to the bank. This deed was in fact a mortgage. On September 25, 1915, an extension agreement was made between Harding and the Oregon Mortgage Company, which was filed and recorded November 11,1915. This agreement bears the written approval of the bank. In August, 1920, Harding died. In 1922 the bank began an action against the respond
The appellant concedes that, were the bank a party to the suit, it could not recover, saying in his brief: “if the American State Bank were a party it is conceded that the landlord’s portion would belong to Harding, but the question is, does it belong to Harding as against Womach, who must be construed to be an innocent purchaser.” The question before us is whether the appellant was an innocent purchaser. The trial court decided that he was not, and from the record we come to the same conclusion.
There are many circumstances which cumulatively compel this result, among them may be recited these: The appellant had notice that the Harding mortgage to the Oregon Mortgage Company had been renewed a year subsequent to the time that the warranty deed had been given by Harding to the bank, and that this extension bears on its face the approval of the bank, which would indicate that the deed from the Hardings
Main, C. J., Parker, Holcomb, and Tolman, JJ., concur.