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AMERICAN DIS. CORP. v. SARATOGA WEST

No. 42206.

81 Wn.2d 34 (1972)

499 P.2d 869

AMERICAN DISCOUNT CORPORATION, Respondent, v. SARATOGA WEST, INC., et al., Defendants, MISSION RIDGE ESTATES, Appellant.

The Supreme Court of Washington, En Banc.

July 20, 1972.

Attorney(s) appearing for the Case

Whitmore & Warren, by Thomas C. Warren, for appellant.

A.J. Westberg, for respondent.

NEILL, J.

This appeal concerns the right of a general creditor of a mortgagor, asserting the mortgage transaction to be in fraud of creditors, to intervene in a mortgage foreclosure action.

Plaintiff, American Discount Corporation, commenced a mortgage foreclosure action against Saratoga West, Inc., in September, 1970. Mission Ridge Estates, by complaint in intervention and supporting affidavit, alleged that it is a general, unsecured creditor of the mortgagor...

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