Bank v. Doherty

Citations

• 37 Wash. 32
• 79 P. 486
• 1905 Wash. LEXIS 665

Syllabus

<p>Executions — Sale—Vacation—Parties Entitled to Notice. The purchaser at an execution sale is not a party in interest upon whom notice of motion to vacate the sale must he served, where he had previously parted with his interest to the execution creditor, who appeared and contested the motion.</p> <p>Same — Vacation for Inadequacy of Price — Seizure of Note Piled as Record in Case. The sale under execution of a nóte and mortgage of the value of $2,400, for $110.20 (the costs upon ah appeal), is properly vacated, where it appears, in addition to such inadequacy of price, that possession was obtained by seizing the same after they had been filed in the clerk’s office as part of the record in said cause, without notice of the seizure to the owners, who shortly after the sale moved its vacation immediately upon learning thereof.</p>