The  corporation  had  carried  on  its  business  continually
from  the  time  of  its  organization  up  to  and  after  the  giving
of  this  last  mortgage.     In  November,  1898,  in  conse<iuence

6  —  9  WAEiH.
82  BROOKS  V.  SKOOKUM  MFG.  CO.  |

Opinion  of  the  Court — Scott,  J.  [9  Wash.  i

of  the  publication  of  certain  matters  relating  to  the  previous
doings  of  the  said  John  H.  Hall  elsewhere,  he  suddenly
left  without  notice  for  parts  unknown.  Whereupon  plaint-
iff,  as  mortgagee,  took  possession  of  the  property  and
continued  the  business;  and  in  January,  1894,  while  con-
tinuing to  operate  the  mill  and  plant  of  said  corporation,
the  plaintiff  brought  this  action  to  foreclose  the  mortgage
last  executed  to  him.  Default  was  subsequently  entered
therein  against  said  corporation.
Prior  thereto  the  First  National  Bank  of  Mount  Vernon
filed  its  complaint  of  intervention  in  said  action,  by  which
it  sought  to  avoid  the  chattel  mortgage  executed  to  the
plaintiff,  upon  the  ground  that'at  the  time  it  was  given  the
corporation  was  insolvent  and  the  giving  thereof  to  the
plaintiff  constituted  a  fraudulent  preference  of  creditors.
Testimony  was  introduced  by  the  plaintiff  and  said  inter-
vener upon  the  trial  of  the  matters  so  brought  in  issue;
whereupon  the  court  found  against  the  plaintiff,  and  held
the  mortgage  void,  and  this  appeal  is  prosecuted  therefrom.
