Bloomingdale v. Weil

Citations

• 29 Wash. 611
• 70 P. 94
• 1902 Wash. LEXIS 622

Syllabus

<p>APPEAL — DEFECTIVE BOND — AMENDMENT ON MOTION TO DISMISS.</p> <p>Under Laws 1899, p. 29, wbicb provides that on tbe bearing of a motion to dismiss an appeal tbe supreme court may allow all amendments in matters of form, and tbat no appeal shall be dismissed for any informality or defect in tbe appeal bond, etc., if the appellant shall forthwith, upon order of the court, perfect the appeal, an appeal will not be dismissed because the bond, while purporting on its face to be made by the appellants and a surety as a jo.nt and several obligation, was signed by the surety alone, but the appellants will be permitted to complete its execution by signing it at the time of the hearing of the motion for dismissal.</p> <p>FOREIGN ASSIGNMENTS — RIGHTS OF ASSIGNEE AS AGAINST FOREIGN CREDITORS.</p> <p>A foreign creditor of a foreign debtor cannot attach his debtor’s realty in this state, where the debtor has made a voluntary assignment of all his property for the benefit of creditors to a foreign assignee, who has complied with the laws of this state relating to the recording of such instruments, when such assignment was valid under the laws where executed and does not conflict with the laws or public policy of this state.</p> <p>SAME-QUIETING TITLE — EFFECT OF DEED OF ASSIGNMENT DEFECTIVELY CERTIFIED.</p> <p>A deed of assignment made in another state and properly acknowledged, but defectively certified by reason of the absence of the notary’s seal and of the certificate of a clerk of a court of record authenticating such notary and his signature, as required by Bal. Code, § 4528, is sufficient to pass the equitable title to realty in this state to the assignee, and enable him to maintain action to quiet title thereto, under Bal. Code, § 5508, as against foreign creditors, inasmuch as they do not occupy the relation of bona fide purchasers.</p>