Cogswell v. Brown

Citations

• 102 Wash. 625
• 173 P. 623

Syllabus

<p>Mortgages—Foreclosure—Redemption—Rents and Profits—Accounting. Under Rem. Code, § 594 et seq., providing a method of redemption, hut providing that one in possession shall account for rents and profits, one who demands an accounting from the sheriff within the period of redemption may maintain an action for an accounting, notwithstanding that he might have pursued an accounting through the sheriff.</p> <p>Same—Redemption—Damages for Waste. Where plaintiffs, instead of redeeming at law from a mortgage foreclosure, seek an accounting in equity for rents and profits during the period of redemption, they cannot exact the penalty of treble damages provided by Id., §§ 939, 940, for waste in cutting timber, but must he satisfied with their actual damages.</p> <p>Same — Redemption — Accounting -for Waste — Scope of Relief. Where a part of the mortgaged premises hid in by the mortgagee was sold during the period of redemption to B. for a less sum than the amount due, and B. committed waste by the removal of the timber, upon an accounting to the redemptioner, the equities between B. and the mortgagee are to he adjusted by the decree.</p>