Debenture Corp. of London v. Warren

Citations

• 9 Wash. 312
• 37 P. 451
• 1894 Wash. LEXIS 305

Syllabus

<p>APPEAL —TIME OF TAKING —FILING BOND — SALE ON FORECLOSURE — POSSESSION OF PREMISES — WRIT OF ASSISTANCE.</p> <p>Under Laws 1898, p. 119, an appeal will not be dismissed for failure to give notice thereof within the prescribed time, when the record does not show that the respondent ever served notice in writing upon the appellant of the entry of the order complained of.</p> <p>Under the appeal act of 1893 an appeal bond may be filed before the date of the taking of the appeal.</p> <p>Where the purchaser at a mortgage sale is entitled to possession of the premises during the period of redemption, the plaintiff in the foreclosure proceedings is the proper party, upon the refusal of the mortgagor to surrender the premises, to proceed by petition for a writ of assistance.</p> <p>Under § 519, Code Proc., the purchaser upon foreclosure sale is entitled to the possession, or rental, where there is a tenant, of the property from the day of sale.</p> <p>Sec. 519, Code Proc. (Code 1881, §378), was not repealed by implication by the enactment of §513, Code Proc. (Laws 1885-86, p.116).</p>