Mt. Vernon National Bank v. Morse

1. The order of the court striking the allegation from the answer is sustained. Sale of land or an interest therein on execution without the statutory notice is an irregularity when the court has jurisdiction of the subject matter and of the parties. For the purpose of directing a sale of the real property the court, in the State of Washington, had jurisdiction both of the parties and the subject matter. The sale was confirmed. Defendant’s attack thereon is collateral and is therefore not available to defendant in this action.

“An execution sale without proper notice is in any event a mere…