Legal Opinion

Simmons v. Northern Pacific Railway Co.

Washington Supreme Court

Decided December 8, 1915No. 12515PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Chehalis county, Sheeks, J., entered September 10, 1914, in favor of the plaintiff, in an action to foreclose a mortgage, tried to the court.

1Opinion of the CourtFullerton, J.

In April, 1914, the respondent, Gordon L. Simmons, began this action in the superior court of Chehalis county to foreclose a mortgage upon certain real property situated therein, executed to him by Jehiel Church and Lucy A. Church, his wife. He made parties defendant to the action, in addition to the mortgagors, one S. A. Richardson and his wife, Nannie L. Richardson, and the Northern Pacific Railway Company. The railway company alone appeared and defended the action. It set up, first, a right of way one hundred feet in width across the premises between cer*386tain termini, and second, a right to…

2Cases cited2 opinions

  1. Clifton v. Jackson Iron Co.Michigan Supreme Court · 1889
  2. McDermott v. F. X. McLellan Co.Washington Supreme Court · 1911

3Cited by8 opinions

  1. Elliott v. McCombsCalifornia Supreme Court · 1941
  2. Fisch v. MarlerWashington Supreme Court · 1939
  3. Norment v. TurleyNew Mexico Supreme Court · 1918
  4. Davis v. GowenIdaho Supreme Court · 1961
  5. Pitman v. SweeneyCourt of Appeals of Washington · 1983

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