Bradley Engineering & Machinery Co. v. Muzzy

Citations

• 54 Wash. 227
• 103 P. 37
• 1909 Wash. LEXIS 976

Syllabus

<p>Chattel Mortgages — Foreclosure — Decree — Deficiency. The right to a deficiency judgment in an action to foreclose a chattel mortgage depends upon statute.</p> <p>Same — Statutes—Construction. The legislature did not intend to merely regulate the procedure, by Laws 1899, p. 85, § 2, authorizing deficiency judgments upon the foreclosure of a mortgage if consented to in the agreement, and denying a deficiency judgment when stipulated against in the mortgage, and the same will not be construed as prohibiting deficiency judgments in foreclosures of mortgages which contain no stipulation as to deficiencies; since that would simply drive the creditor to two actions to recover the debt, a result that would have been provided in express terms and not left to implication.</p> <p>Statutes — Implied Repeal. A new law covering the whole subject-matter of an old one repeals the latter by implication, although not necessarily inconsistent in some matters.</p> <p>Statutes — Title — Subject — Sufficiency — Mortgages—Deficiency Judgments — Sales Under Executions. The title to an act relating to sales under execution and orders of sale and the confirmation of sheriff’s sales and redemption therefrom, is not sufficiently broad to include the subject-matter of Laws 1899, p. 85, § 2, which provides for or against the taking of deficiency judgments in an action to foreclose a mortgage when consented to in the agreement, or when stipulated against in the mortgage, as the case may be, and that the commencement of an independent action shall be a waiver of the mortgage security.</p> <p>Chattel Mortgages — Decree—Deficiency Judgment. Bal. Code, § 5880, expressly authorizes a deficiency judgment in an action to foreclose a chattel mortgage, where there is a separate obligation for the payment of the debt.</p> <p>Judgment — Bar—Res Judicata — Matters Concluded. ' Where, in a chattel mortgage foreclosure, judgment for a deficiency upon a separate obligation for the debt is denied to the pla