Washburn v. Wilen
Washington Supreme Court
Appeal from an order of the superior court for Kittitas county, Kauffman, J., entered April 21, 1916, in favor of the plaintiff, after a trial before the court on an agreed statement of facts, in a contest for the possession of real property during the period allowed for redemption from foreclosure sale.
1Opinion of the CourtEllis, C. J.
— This case presents a contest for the possession of real property sold on foreclosure of a mortgage, during the period allowed by statute for redemption.
In September, 1912, defendants mortgaged the premises to plaintiff for $3,000. The mortgage provided that, in case of foreclosure, the purchaser at sale should have immediate *481possession, and in terms waived any homestead right. The mortgagors defaulted in payment of interest and the mortgagee brought action to foreclose. Defendants were personally served, but. made no appearance. An order of default was entered and a judgment against them…
2Cases cited4 opinions
- Hookway v. ThompsonWashington Supreme Court · 1909
- North Pacific Loan & Trust Co. v. BennettWashington Supreme Court · 1908
- State ex rel. Jakubowski v. Superior CourtWashington Supreme Court · 1915
- Schoenheider v. TuengelWashington Supreme Court · 1917
3Cited by4 opinions
- Bank of Anacortes v. CookCourt of Appeals of Washington · 1974
- United States Fidelity & Guaranty Co. v. AllowayWashington Supreme Court · 1933
- Sawyer v. OstromCourt of Appeals of Washington · 1985
- Prudential Insurance Co. of America v. EwingWashington Supreme Court · 1935