§20.7 - Rules of Construction

• Jurisdiction: Washington

§20.7RULES OF CONSTRUCTION

In construing a mortgage, all of its provisions should be considered as far as they may aid in determining the meaning of any particular clause. Holland-N. Am. Mortgage Co. v. Masters, 94 Wash. 542, 162 P. 995 (1917). If the note is made and a contemporaneous mortgage is executed to secure it, the two instruments, when not conflicting, will be construed together so that effect will be given to each. Bell v. Engvolsen, 64 Wash. 33, 116 P. 456 (1911); accord Moody v. P. S.S. Co., 174 Wash. 256, 24 P.2d 609 (1933).

(1) Parties and debt

Unless there is an express agreement for the payment of money contained in the mortgage or a separate...