(concurring) — Clear, cogent and convincing evidence was presented that the deed by Mr. and Mrs. Parker was in fact a mortgage. The trial court therefore did not err in so finding and in entering judgment accordingly. Dempsey v. Dempsey, 61 Wash. 632, 634, 112 P. 755 (1911).
In addition, Sidney and Sandra Feldstein claimed to be bona fide purchasers for value of a part of the subject real property. See RCW 65.08.070; Glaser v. Holdorf, 56 Wn.2d 204, 209, 352 P.2d 212 (1960). In such situations, the *78majority of jurisdictions considering the matter have held that the burden of proving that a valuable consideration was paid for the conveyance is on the subsequent purchasers — here Sidney and Sandra Feldstein. 107 A.L.R. 502, 513 (1937); United States v. Certain Parcels of Land Situate in San Bernardino County, 85 F. Supp. 986, 999-1001 (S.D. Cal. 1949). That rule is properly applicable here.
Sidney and Sandra Feldstein were represented by counsel at the trial and Sidney Feldstein was personally present at the trial. They did not testify, however, and no checks, receipts or other documentary evidence of any payment by them for the deed were ever offered into evidence. The trial court did not err when it found that they were not bona fide purchasers for value.
It is for these reasons that I concur.
Reconsideration denied August 2, 1979.
Review denied by Supreme Court October 26, 1979.