Bartlett Estate Co. v. Fairhaven Land Co.

Citations

• 56 Wash. 437
• 105 P. 848
• 1909 Wash. LEXIS 921

Syllabus

<p>Mortgages — Foreclosure—Execution Sales — Method. Bal. Code, § 5288, providing that sales on execution shall be by the acre, is directory, and does not require land to be sold one acre at a time; one bid upon a tract of a certain number of acres will be construed as a bid at so much per acre, and is not a substantial irregularity.</p> <p>Same — Mode op Sale — Persons Entitled to Bid on Parcel. Laws 1899, p. 87, § 4, providing that real property shall be sold under execution separately when a portion is claimed by a.third person and requires it to be sold separately, refers to persons claiming adversely to the mortgagor or mortgagee, and not to persons acquiring an interest pendente lite with notice of the suit.</p> <p>Same — Waiver op Right. Persons attending a foreclosure sale, who had made a written request for the separate sale of portions of the mortgaged property, waive their right to a separate sale by remaining silent at the sale when the sheriff ashed “if there was any particular piece” desired to be sold separately; notwithstanding that the sheriff had replied to the written request in writing stating that he would sell as directed by the decree, as the same was not such a denial of the request as would excuse attendance and oral demand at the sale.</p> <p>Same — Method or Sale- — Determination by Court — Confirmation — Right to Object. Where a decree of foreclosure directed that the various tracts of land be sold in parcels as described in the mortgage, it must be presumed that the court determined that such method of sale would bring the highest price within Laws 1899, p. 87, § 4, directing a sale “separately or otherwise as is likely to bring the highest price”; and no objection being made to the judgment, objection cannot be made to confirmation by parties or privies because the sheriff did not sell in smaller tracts.</p> <p>Same — Separate Parcels — Appurtenances. Where a mortgage and decree described certain tracts of upland by metes and bounds, “t