Denny v. Palmer

Citations

• 26 Wash. 469
• 67 P. 268
• 1901 Wash. LEXIS 669

Syllabus

<p>LIMITATION OF ACTIONS-FORECLOSURE OF MORTGAGES ■ — • ABSENCE OF MORTGAGOR FROM STATE-SUBSEQUENT PURCHASER.</p> <p>The absence from the state of the mortgagor of lands will not suspend the running of the statute of limitations as to a foreclosure of the mortgage lien thereon, where the mortgaged premises have passed to a subsequent grantee, who has remained continuously within the state.</p> <p>SAME-ESTOPPEL.</p> <p>A subsequent grantee of mortgaged premises, who has neglected to put his deed of record until after the bringing of action against the mortgagor for foreclosure, is estopped from setting up the bar of the statute of limitations, where the mortgagee had no notice, actual or constructive, of the conveyance, and had postponed suit because of the absence of the mortgagor from the state, during which period the bar of the statute had been suspended as to such mortgagor.</p>