Hays v. Merchants' National Bank of Port Townsend

The opinion of the court was delivered by

Dunbar, J.

This case was tried and an opinion rendered in favor of the appellant on January 11, 1895 (10 Wash. 573, 39 Pac. 98). A petition for rehearing was filed, a rehearing ordered, and the cause has been again argued before this court.

The rehearing was granted on the claim that the original decision conflicted with the subsequent decision rendered in this court in the case of Hardy v. Herriott, 11 Wash. 460 (39 Pac. 958), in which latter case, it is asserted, this court decided that under our statute the title of a mortgagor upon a foreclosure sale…