Canadian & American Mortgage & Trust Co. v. Blake

The opinion of the court was delivered by

Dunbar, J.

This was an action by respondent against appellants to foreclose a mortgage. The mortgage was executed February, 3, 1893, and suit to foreclose the same was commenced on the 2d day of May, 1899. The court decreed that the purchaser was entitled to immediate possession of the land to be sold, after sale. From this portion of the decree this appeal is taken.

The trial court held that § 15, ch. 53, Laws 1899, which provides that, in case of any homestead occupied for that purpose at the time of sale, the judgment debtor shall have the right of…