Terry v. Furth
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Morris, J., entered March 28, 1905, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action to set aside a mortgage foreclosure sale.
1Opinion of the CourtDunbar, J.
This is an action in equity to set aside a foreclosure sale and the confirmation of the sale, and to cancel a sheriff’s deed resulting therefrom. There is no question raised as to the legality of the foreclosure of the mortgage involved, but the contention is that the sale was advertised to be made on the 25th of June, 1897, when in fact it was made on June 26th, 1897. This action to set aside this sale was brought in June, 1904. The court found that the sale was made in accordance with the advertisement, on the 25th day of June, 1897.
This was a pure question of fact, determined by the court…
2Cases cited4 opinions
- The City of Guthrie v. the New Vienna BankSupreme Court of Oklahoma · 1896
- Otis Bros. & Co. v. NashWashington Supreme Court · 1901
- Leinenweber v. BrownOregon Supreme Court · 1893
- State ex rel. Steele v. Northwestern & Pacific Hypotheek BankWashington Supreme Court · 1897
3Cited by7 opinions
- Betz v. Tower Savings BankWashington Supreme Court · 1936
- Goshert v. WirthWashington Supreme Court · 1924
- Brady v. FordWashington Supreme Court · 1935
- State v. HoldenWashington Supreme Court · 1917
- Mitchell v. SherrellCourt of Appeals of Tennessee · 1929
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