Dalgardno v. Barthrop

Citations

• 40 Wash. 191
• 82 P. 285
• 1905 Wash. LEXIS 960

Syllabus

<p>Judgments — Executions — Sale After Expiration of Lien — Validity. A foreclosure sale under an execution and order of sale, issued more than five years after the entry of judgment, is void.</p> <p>Same — Foreclosure Decree — Suspension by Appeal — Separate Parcels — Suspension as to One Tract Only — Statute of Limitations. Upon a foreclosure of a mortgage upon separate parcels of land, belonging to different persons, a suspension of the decree as to one tract, by vacation thereof and an appeal to the supreme court, does not suspend it as to the other tract, so that an execution and sale as to such part is barred after the expiration of five years from the date of the judgment.</p> <p>Taxes — Payment of One in Possession Under Void Foreclosure Sale — Equitable Lien For. The purchaser at a void foreclosure sale, who takes possession in good faith, and pays the taxes, is entitled to a lien upon the premises for the amount of the taxes paid.</p>