Anrud v. Scandinavian-American Bank

Citations

• 27 Wash. 16
• 67 P. 364
• 1901 Wash. LEXIS 457

Syllabus

<p>FORECLOSURE OF MORTGAGES-NECESSARY PARTIES-HEIRS.</p> <p>In the foreclosure of a mortgage given by an ancestor his heirs are indispensable parties, under the terms of Bal. Code, § 4640, which provides that the estate of the ancestor vests in the heirs instantly on his death, and that an heir may maintain an action, even if letters of administration have been granted, to recover his interest in the lands against any person except the executor or administrator, and those lawfully claiming under such executor or administrator.</p> <p>ACTION BY HEIRS TO SET ASIDE FORECLOSURE-NECESSITY OF TENDER.</p> <p>An action by heirs who had not been made parties to a suit foreclosing a mortgage given by their ancestor to have the fore* closure decree as to their interest set aside is not devoid of equity because of failure to tender into court or to the purchaser on foreclosure sale the proportion of the debt for which their interest was pledged, since they have never had their day in court for the purpose of having determined whether, as against them, there was any sum due on the mortgage.</p>