Clark v. Eltinge

Citations

• 38 Wash. 376
• 80 P. 556
• 1905 Wash. LEXIS 1179

Syllabus

<p>Mortgages—Redemption—Possession oe Property During Period of Redemption—What Law Governs. A purchaser at a mortgage foreclosure sale is entitled to the possession of the premises during the period of redemption, where the law at the time of the execution of the mortgage, and at the time of the foreclosure, so provided, although prior to the foreclosure, a statute, Laws 1897, p. 227, was in existence for a period of two years, allowing the judgment debtor such possession.</p> <p>Conflict of Laws—Husband and Wife—Liability of Wife on Foreign Debt of Husband. Whether a wife is personally liable on a note executed by the husband while domiciled in another state, depends upon the laws of that state at the time the debt was incurred, and such laws, in the absence of proof, are presumed to be the same as the laws of this state.</p> <p>Same—Statutes—Construction of Foreign Law—Evidence— Opinion of Lawyer—Competency. The testimony of a lawyer of experience in the practice of a foreign state giving the “consensus of opinion of the bench and bar” of that state as to the meaning of a foreign statute, is inadmissible to show the proper construction of the statute, where the text of the statute is before the court; since, in the absence of construction by the courts of the foreign state, it is the duty of the courts of this state to interpret and- construe the statute according to the rules applicable to the construction of domestic statutes.</p> <p>Same—Foreign Judgment—Conclusiveness—authentication Question for Court. A decree of foreclosure of a mortgage, fair and regular on its face, rendered by a court of general jurisdiction in a sister state upon a summons by publication, is conclusive as to the fact of foreclosure, where the trial judge determined that the record showing such foreclosure was properly authenticated, since that is a question for the court and not for the jury, and full faith and credit must be accorded to the judgments of other states.</p> <p>Same—Exempt