Dexter Horton & Co. v. Long
Washington Supreme Court
Appeal from Superior Court, King County. Action by E. E. Long, trustee, to foreclose a mortgage executed by Builders’ Material Company, to which Dexter Horton & Co. were made defendants, on the ground that they claimed to have some interest in the property. The Builders’ Material Company never appeared or answered, and judgment was entered against it by default.
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Appeal from Superior Court, King County. Action by E. E. Long, trustee, to foreclose a mortgage executed by Builders’ Material Company, to which Dexter Horton & Co. were made defendants, on the ground that they claimed to have some interest in the property. The Builders’ Material Company never appeared or answered, and judgment was entered against it by default. Dexter Horton & Co. filed its demurrer upon the ground “that said complaint does not state facts sufficient to constitute a cause of action against this defendant.” Demurrer overruled, and defendant answered over, denying the…
1Opinion of the Court
The opinion of the court was delivered by
Dunbar, J.
—We are of the opinion that, construing the complaint together, and considering the relief prayed for, the complaint is simply for a foreclosure of a mortgage, and that the question of whether or not the vendor’s lien exists in this state is not in issue in this case. There were *438some allegations in the complaint which were not necessary to a complaint in foreclosure, but they were subject to a motion to strike, and were not grounds of demurrer. The demurrer, we think, was properly overruled.
It is contended by the appellant that the complaint…
2Cases cited6 opinions
- Bradley v. BallardIllinois Supreme Court · 1870
- Marshall v. VicksburgSupreme Court of the United States · 1873
- Miller v. SteenCalifornia Supreme Court · 1866
- Lewis v. LyonsIllinois Supreme Court · 1851
- Elder v. SpinksCalifornia Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Elk Valley Coal Co. v. ThompsonCourt of Appeals of Kentucky · 1912
- Allen v. Olympia Light & Power Co.Washington Supreme Court · 1895
- Wright v. Conservative Invest. Co.Oregon Supreme Court · 1907
- Defanti v. Allen Clark Co.Nevada Supreme Court · 1921
- Byrd v. Forbes, Washington Territory1887
11 more not listed; retrieve them via the Exa API.