Opinion of the Court-MOUNT, J. [24 Wash. 538, 19 L. R. A. 500, 34 Am. St. Rep. 880), relied upon by respondent, has no application here. The question in that case was whether sureties upon an official bond could be held liable after the expiration of the term of office of the principal, when the term had actually been extended. The case was decided by the court upon the conceded fact that the term had been extended by legislative act, and the court did not decide that question at all. Under the law as it then existed, there was no constitutional inhibition against extension, and the language employed in the decision was directed only to the question of liability of sureties upon the bond in question. Respondent urges that relator, having held two full terms, was disqualified to hold over. What we have said applies equally to this question, because the term does not end until the successor is elected and qualifies. The fact that relator had not given a new bond after the expiration of his second two years makes no difference, because the statute (Bal. Code, § 1518) makes the old bond sufficient. It follows, therefore, that there was no vacancy in the said office. The lower court should have sustained the demurrer and dismissed the petition. The cause is reversed, with direction to the lower court so to do. REAVIS, C. J., and DUNBAR, ANDERS, and FULLERTON, JJ., concur. April, 1901.] Opinion of the Court-Dunbar, J. [No. 3798. Decided April 3, 1901.] CONGREGATIONAL CHURCH BUILDING SOCIETY, Appellant, MORTGAGES RECORD INDEX CONSTRUCTIVE NOTICE. A mortgagee of the "Scandinavian Free Church" is not chargeable with notice of a prior mortgage made by the same corporation, when it was executed under the name of "Scandinavian Congregational Church," and indexed under that name in the mortgage records of the county. SAME -EXISTING EQUITIES NOTICE OF ASSIGNEE. A bona fide assignee of a mortgage for value, although assigned to him after its maturity, is not chargeable with the knowledge of his assignor as to the existence of a prior mortgage, since the rule that the assignee of a mortgage takes it subject to existing equities applies to such equities only as exist between the mortgagor and mortgagee and not to those existing between the mortgagee and third persons. Appeal from Superior Court, Pierce County.-Hon. Walker & Fitch and James M. Harris, for appellant. The opinion of the court was delivered by DUNBAR, J.—On the 10th day of July, 1888, the Scandinavian Free Church of Tacoma borrowed of the Congregational Church Building Society a certain amount of money, for which it gave its note, and executed two certain mortgages for security therefor on lots 11 and 12 in block 1213 of the city of Tacoma. This is an action to foreclose one of the mortgages. At the time the mortgage in suit was executed a mistake was made in the name of the mortgagor, in that it was designated as the "Scandinavian 23-24 WASH. 24 433 32 577 Opinion of the Court-DUNBAR, J. [24 Wash. Congregational Church," instead of the "Scandinavian Free Church." The mortgage is signed "Aufin Johnson and Ole M. Espeland, Trustees of the Scandinavian Congregational Church of Tacoma," and Johnson and Espeland acknowledged the execution of the mortgage. In May, 1889, the Scandinavian Free Church of Tacoma borrowed $900 of the Metropolitan Savings Bank of Tacoma, executed and delivered its promissory note therefor, and, to secure the same, executed and delivered to said bank its mortgage upon lots 11 and 12, in block 1213 of the city of Tacoma; being the same lots that it had mortgaged previously to the Congregational Church Building Society. Thereafter, in January, 1892, the said church society borrowed of said bank $400 additional, and upon the discharge of the $900 mortgage, executed and delivered to said bank a new note for $1,300; also a mortgage of like tenor and amount upon the said lots 11 and 12. In June, 1898, the said bank assigned said mortgage to the respondent, Charles McNamee, who thereupon foreclosed the same, and in August, 1898, purchased at sheriff's sale the property above described. The case was tried by the court without a jury and judgment was entered in favor of the respondents. There are but two material propositions in this case, the first of which is, was the index of the record sufficient to put the respondents upon their guard? In the index, under the column of "Grantor," is the following: "Scandinavian It is insisted by the appellant that the names of the grantors are so similar that notice should be imputed to April, 1901.] Opinion of the Court-Dunbar, J. the subsequent mortgagees; but we do not think this is true. The searcher of the record, who wished to ascertain whether title had passed from the Scandinavian Free Church of Tacoma, would not obtain any light by finding upon the index, "Scandinavian Congregational Church, Trustees of." It cannot therefore be said that the respondents had constructive notice of this mortgage. It is contended that the agent of the Tacoma Building & Savings Association had actual notice of the existence of this mortgage, and that McNamee, the purchaser of the mortgage, is bound by the notice of his assignor, even though it be conceded that he had no actual notice himself. The testimony is not entirely satisfactory in relation to the knowledge of Post, even. conceding that his knowledge was the knowledge of the society. But it is earnestly urged by the appellant that the respondent McNamee, as the assignee of the mortgage, has no better or greater rights than his assignor, the bank, had; that he is the assignee of a mere chose in action, non-negotiable, for the assignment was made after maturity; that his right and title must be measured by the right and title of the person of whom he buys; that he takes it subject to the equities attending the original transaction; and that, if the mortgagee cannot himself enforce it, the assignee has no greater rights. And many cases are cited to sustain this doctrine. We have examined them all and find but very few which sustain the doctrine contended for. The most of the cases simply go to the extent that an assignee of a mortgage securing the non-negotiable or past due negotiable instrument takes it subject to all the equities of the mortgagor of which the mortgagee had notice. But few of the cases make the rule to apply to equities betwen the mortgagee and third persons. The rule, however, as contended for by the appellant, has been firmly established in the state of New York, Opinion of the Court-Dunbar, J. [24 Wash. and that is the only state where we have been able to find cases reported which clearly sustain it. The rule was announced in New York as far back as Bush v. Lathrop, 22 N. Y. 535, and was reiterated as late as Owen v. Evans, 134 N. Y. 514 (31 N. E. 999), where it was flatly held that there was no distinction between the equities existing in favor of the debtor and those in favor of a third person. It is true that in Sims v. Hammond, 33 Iowa, 368, it was held that where a mortgagee, with actual notice of a prior mortgage on the premises, assigns the same to a person having no notice thereof, such assignee will be deemed as charged with the notice which his assignor had, and as standing in no better situation. But the supreme court of Iowa, in Farmers' National Bank of Salem v. Fletcher, 44 Iowa, 252, a case decided five years later, repudiated the doctrine announced in the former case, rather, attempted to distinguish it by holding that the court in that case had based its opinion on the constructive notice of the mortgagee. The court in the course of its opinion, referring to this other case, said: "The decision is based upon English v. Waples, 13 Iowa, 57, which turned upon constructive notice to the assignee. This court has never announced the broad doctrine that the bona fide assignee of a mortgage for value takes it subject to all the infirmities which attached to it in the hands of the mortgagee," citing several cases in support of the proposition then decided, that the bona fide assignee of a mortgage for value does not take it subject to all the infirmities which attached to it in the hands of the mortgagee. Section 843 of Jones on Mortgages (5th ed.) is as follows: "Whether the rule is limited to equities between the original parties is a question upon which different courts are not in accord. On the one hand, the rule that the assignee of a bond and mortgage, which are merely choses |