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· 3/14/1907

Boyer v. Price

Citations

  • 45 Wash. 667
  • 88 P. 1106
  • 1907 Wash. LEXIS 537

Syllabus

<p>Limitation of Actions — Mortgages—Foreclosure—Absence From State. An action to foreclose a mortgage is barred as against a purchaser of the property from the mortgagor more than six years after maturity of the debt, when the action was not commenced within a reasonable time (fifteen months after the purchase), as the absence of the mortgagor from the state does not suspend the running of the statute.</p> <p>Mortgages — Transfer of Property — Covenants—Exception of Mortgage. The exception of a mortgage from the covenant of warranty in a deed conveying the mortgaged property does not estop the grantee from pleading the statute of limitations as against the holder of the mortgage.</p>

Judges: Fullerton

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