Legal Opinion

Mowbray Pearson Co. v. Pershall

Washington Supreme Court

Decided August 16, 1916No. 13496PublishedCited by 2 opinions

Appeal from a judgment of the superior court for Spokane county, Webster, J., entered April 16, 1915, upon findings in favor of the defendants, vacating an execution sale, upon objections to confirmation.

1Opinion of the CourtBausman, J.

Appellant, suing the Pershalls in May with attachment of real estate, got judgment by default in June and a certificate of sheriff’s sale to itself as purchaser in July. Just before this last, the husband Pershall filed a declaration of homestead exemption, not bringing which to the appellant’s attention, he moved with that as a basis, after the sheriff’s satisfaction of judgment, to vacate the sale. Later he amended his motion, while confirmation of sale was still undetermined, showing that, during the whole of May *517and at all times since, he had been insolvent, and that in August he had…

2Cases cited4 opinions

  1. Clarke v. LarremoreSupreme Court of the United States · 1902
  2. Stone-Ordean-Wells Co. v. MarkCourt of Appeals for the Eighth Circuit · 1915
  3. Waldron v. KinethWashington Supreme Court · 1906
  4. Stark Bros. v. RoyceWashington Supreme Court · 1906

3Cited by2 opinions

  1. B. F. Goodrich Rubber Co. v. Valley Plumbing & Supply Co.Court of Appeals of Texas · 1924
  2. Traverso v. CeriniWashington Supreme Court · 1928

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