Smithson Land Co. v. Brautigam
Washington Supreme Court
Appeal from Superior Court, King County.—Hon. Richard Osborn, Judge. Opinion on rehearing overruling same case reported in 14 Wash. 89, to which case reference is made for a statement of the facts.
1Opinion of the Court
The opinion of the court was delivered by
Hoyt, C. J.
In the opinion rendered upon the former hearingof this case (14 Wash. 89, 43 Pac. 1096), it was assumed that the money paid into court by the plaintiff, in the action brought to set aside the sheriff’s deed to Brautigam and Brautigam’s deed to Nicholai, became, by virtue of the decree entered therein, the property of Brautigam, the mortgagee. Appellants contended that such was the effect of the decree in *175that action, and their contention was not controverted by respondent. The claim that this money became the property of Nicholai by virtue…
2Cases cited3 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Smith v. HitchcockMassachusetts Supreme Judicial Court · 1881
- Smithson Land Co. v. BrautigamWashington Supreme Court · 1896
3Cited by4 opinions
- Brynjolfson v. OsthusNorth Dakota Supreme Court · 1903
- Investment Securities Co. v. AdamsWashington Supreme Court · 1905
- Lawrence v. MurphyUtah Supreme Court · 1915
- Ryno v. SniderWashington Supreme Court · 1908