Tyrrell

Action by plaintiff to quiet title to the south half of lot 6 and the north quarter of lot 7, in block 5, range F, city of Marysville, and for other relief. The defendant had judgment and the plaintiff appeals.

The record shows that on or about the twenty-sixth day of February, 1917, Emma A. Boggess and her husband, R. A. Boggess, for a valuable consideration, made, executed,' and delivered to the defendant T. J. Tyrrell a mortgage on the above-described property to secure the payment of a promissory note for $4,500; that thereafter, and on or about the seventeenth day of March, 1917, the said Emma A. Boggess and R. A. Boggess made, executed, and delivered a certain deed of trust to Harold E. Haven and Lloyd D. Hare, as trustees, to secure the payment to C. F. Oldham and Joan Oldham of a certain promissory note in the sum of $1,000; that on or about the twenty-third day of February, 1922, one R. E. Colling, to whom the said T. J. Tyrrell had assigned the note and mortgage for collection, began suit against the said Emma A. Boggess and others to foreclose the mortgage executed and delivered as aforesaid on the twenty-sixth day of February, 1917; that on or about the seventeenth…