Gamble v. Alder Group Mining & Smelting Co.

This is an appeal from an order entered September 20, 1944, approving a sale by the receiver of the Alder Group Mining & Smelting Company.

At the threshold we are confronted with a motion to dismiss the appeal on the ground that no notice of appeal was served upon Mahlon McCain, the purchaser at the receiver’s sale.

A purchaser at a receiver’s sale becomes a party to the action (Rice v. Ahlman, 70 Wash. 12, 126 Pac. 66), and if he is not served with notice of appeal, the appeal must be dismissed. Raymond Co. v. Little Falls Fire Clay Co., 72 Wash. 209, 130 Pac. 93. See, also, Robertson Mortgage…