Legal Opinion

Nettleton v. Evans

Washington Supreme Court

Decided February 15, 1912No. 10037PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Pacific county, Smith, J., entered August 1, 1911, upon sustaining a demurrer to the complaint, dismissing an action of replevin.

1Opinion of the CourtDunbar, C. J.

This is, in brief, an action in replevin, to recover possession of certain personal property which was the subject of a chattel mortgage given by the respondents to the appellants. The action was commenced after the debt *228had become due. The mortgage, in addition to the usual conditions, contained the following:

“It is further understood and agreed that, if the first party shall fail to pay the indebtedness secured by this mortgage, or any part thereof, to the said second parties, or shall make default in any of the terms or conditions of said mortgage or shall fail to protect and safely keep…

2Cases cited2 opinions

  1. Spencer v. Commercial Co.Washington Supreme Court · 1902
  2. McClellan v. GastonWashington Supreme Court · 1898

3Cited by8 opinions

  1. Wintler Abstract & Loan Co. v. SearsWashington Supreme Court · 1919
  2. Muscatel v. StoreyWashington Supreme Court · 1960
  3. Parks v. Yakima Valley Production Credit Ass'nWashington Supreme Court · 1938
  4. Roche Fruit & Produce Co. v. VaughtWashington Supreme Court · 1927
  5. Spokane Security Finance Co. v. Crowley Lumber Co.Washington Supreme Court · 1929

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