Washington National Building & Loan Ass'n v. Conley

U.S. Court of Appeals for the D.C. Circuit June 2, 1908

Washington National Building & Loan Ass'n v. Conley, 31 App. D.C. 439 (D.C. Cir. 1908)

1908 U.S. App. LEXIS 5643

Opinion of the Court

Mr. Justice Robb

delivered the opinion of the Court:

In this case the facts are substantially the same as the facts in Washington Nat. Bldg. & L. Asso. v. Pifer, ante, 434, except that Oonley is not the owner of the real estate mentioned in the bill, having conveyed the same by a deed in which he agreed to save the grantee harmless from any claim the association might assert against the property under its deed of trust. Prior *440to the filing of this suit by Conley, the association had commenced foreclosure proceedings in West Virginia against said property.

Remedy at law being inadequate, .we think Conley entitled to prosecute this suit.

Decree affirmed, with costs. Affirmed.

Reference

Full Case Name: WASHINGTON NATIONAL BUILDING & LOAN ASSOCIATION OF WASHINGTON, D. C. v. CONLEY
Status: Published
Syllabus: 1. Washington National Building & Loan Association of Washington, D. C. v. Pifer, ante, 434, applied and followed. 2. A borrowing member of a building association, whose deed to the association secured by deed of trust on his land, and who has sold his land, guaranteeing his grantee against any claim thereon by the association under its deed of trust, is entitled to maintain a suit in equity against the association, after it has commenced foreclosure proceedings under the deed of trust, to obtain a release of the same on the ground that the debt has been paid; as his remedy at law is inadequate.