North Pacific Loan & Trust Co. v. Bennett
Washington Supreme Court
Appeal from an order of tlie superior court for Spokane county, Poindexter, J., entered June 1, 1907, denying a writ of assistance to obtain possession of mortgaged premises sold under foreclosure and claimed by the mortgagors during the period of redemption under a right of homestead therein.
1Opinion of the CourtRoot, J.
To secure the payment of two promissory notes, respondents Bennett gave a mortgage upon certain real estate *35in Spokane county. Default in payment having been made by mortgagors, appellant foreclosed upon the property in question and, at the sale thereof, became the purchaser. The mortgagors were in possession of the property at the time of the sale, and declined to surrender possession to the purchaser. The latter applied for a writ of assistance. Upon return on an order to show cause, the mortgagors filed an affidavit and declaration of homestead, and claimed the right to remain in…
2Cases cited4 opinions
- Philbrick v. AndrewsWashington Supreme Court · 1894
- State ex rel. Luria v. WagenerSupreme Court of Minnesota · 1897
- Wiss v. StewartWashington Supreme Court · 1897
- Anderson v. StadlmannWashington Supreme Court · 1897
3Cited by8 opinions
- Hills v. JosephCourt of Appeals for the Ninth Circuit · 1916
- Hookway v. ThompsonWashington Supreme Court · 1909
- Lemagie v. Acme Stamp WorksWashington Supreme Court · 1917
- Kenyon v. ErskineWashington Supreme Court · 1912
- In re CrookDistrict Court, W.D. Washington · 1915
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