Dawson v. McCarty

Citations

• 21 Wash. 314
• 57 P. 816
• 1899 Wash. LEXIS 283

Syllabus

<p>DISMISSAL OF APPEAL — IRREGULARITIES IN BOND-OMISSION OF REVENUE STAMP.</p> <p>An appeal will not be dismissed because no revenue stamp is attached to the certificate of qualifications of the sureties to the bond, since by United States War Revenue Law 1898, schedule A, § 25, bonds used in legal proceedings are exempted from its operation.</p> <p>MORTGAGES — FAILURE TO RECORD — PRIORITY OVER SUBSEQUENT JUDGMENT.</p> <p>An unrecorded mortgage is entitled to priority over a subsequent judgment, since a judgment creditor is not a tona fide purchaser within the meaning of Bal. Code, § 4535, which declares mortgages valid, as against tona fide purchasers from the date of their filing for record.</p>