Allen v. Morris

Citations

• 87 Wash. 268
• 151 P. 827
• 1915 Wash. LEXIS 920

Syllabus

<p>Appeal—Review—New Trial—Waiver. Failure to appeal from an order granting a new trial forecloses any review thereof.</p> <p>Chattel Mortgages—Foreclosure—By Notice—Election to Mature Debt—Effect—Statutes. A chattel mortgage that is made due by the election of the mortgagee, upon deeming himself insecure, pursuant to an express provision to that effect and Rem. & Bal. Code, § 1112, may be foreclosed by statutory notice, without proceeding by action under Id., §§ 1104 and 1109; in view of the fact that the mortgagee is liable for arbitrary action and that the mortgagor has his remedy by removal of the proceedings to the superior court, under Id., §1110.</p> <p>Same-—-Foreclosure—Notice-—Election to Mature Debt. A statutory notice for the foreclosure of a chattel mortgage containing a declaration of the amount due, fair on its face, is a sufficient notice to warrant an officer in taking possession,. unless challenged in the way provided by statute, without reciting that the mortgagor deems himself insecure, authorizing an election to hasten maturity of the debt; seizure of the property being sufficient notice of such intention.</p> <p>Same—Foreclosure—Notice—Amendment—Liability of Officer —Nominal Damages. In case a sheriff takes possession of mortgaged chattels under a defective notice of foreclosure, a second sufficient notice, placed in his hands on the same day while the goods were in his possession, will be held to be an amendment of the first notice, or to minimize the mortgagor’s damages for the trespass to nominal damages only.</p> <p>Same—Foreclosure—-Notice—Service. Rem. & Bal. Code, § 1106, providing that “such notice” (of foreclosure of a chattel mortgage) shall be placed in the hands of the sheriff and shall be sufficient authority for the officer to take the property into his “immediate possession,” refers to the mortgagee’s original notice or warrant to the sheriff to foreclose the mortgage, and not to the notice to be served on the mortgagor, in view