Childs v. Smith
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Poindexter, J., entered November 12, 1907, in favor of the defendants, upon an agreed statement of facts, dismissing an action for the foreclosure of a mortgage.
1Opinion
On Rehearing.
Mount, J.
The original opinion in this case may be found in 51 Wash. 457, 99 Pac. 304, where the facts are stated. After that opinion was filed, the respondents’ petition for a rehearing was granted, and the case was again heard by the court en banc.
It is insisted by the respondents that, inasmuch as the statute, at §- 9234, Rem. & Bal. Code, prescribes a remedy for the collection of taxes paid by a mortgagee upon lands, such remedy is exclusive, and the lien for taxes fails with the lien *149of the mortgage. This statute was not intended to fix an exclusive remedy in such cases. It…
2Cases cited6 opinions
- Packwood v. BriggsWashington Supreme Court · 1901
- City of Port Townsend v. EisenbeisWashington Supreme Court · 1902
- Denman v. SteinbachWashington Supreme Court · 1902
- Childs v. SmithWashington Supreme Court · 1909
- Dunsmuir v. Port Angeles Gas, Water, Electric Light & Power Co.Washington Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hollywood, Inc. v. ClarkSupreme Court of Florida · 1943
- Catlin v. MillsWashington Supreme Court · 1926
- Federal Land Bank of Columbia v. BrooksSupreme Court of Florida · 1939
- Olson v. ChapmanWashington Supreme Court · 1940
- Swingley v. RiechoffMontana Supreme Court · 1941
5 more not listed; retrieve them via the Exa API.