Coman v. Peters

Citations

• 52 Wash. 574
• 100 P. 1002
• 1909 Wash. LEXIS 1158

Syllabus

<p>Mortgages — Right to Foreclose — Default in Interest — Maturity of Debt — Failure to Elect. A clause in a mortgage providing that, in the case of the nonpayment of any interest when due, the whole principal and interest shall immediately become due and payable and that the mortgage may be foreclosed for the whole sum, is for the benefit of the mortgagee, and is waived by failure of the mortgagee to elect to consider the whole sum due prior to due tender of the interest.</p> <p>Appeal — Right to Allege Error — Issues Not Determined — Mortgages — Foreclosure—Deposits. Upon the dismissal of an action to foreclose a mortgage because prematurely brought, the plaintiff cannot complain of an order requiring the payment of money voluntarily deposited by a defendant for a partial release, the right to which was not determined or in dispute, and which order did not affect the lien of the mortgage.</p>