DeRoberts v. Stiles

Citations

• 24 Wash. 611
• 64 P. 795
• 1901 Wash. LEXIS 580

Syllabus

<p>APPEAL — NOTICE — SERVICE BY MAIL.</p> <p>Service of a notice of appeal by mail is sufficient, under Bal. Code, §§ 4890, 4891, 6504, when the person making the service and the person upon whom service is made reside in different places between which there is regular communication by mail.</p> <p>SAME-APPEAL BOND —• AUTHORITY OP ATTORNEY ,TO SIGN.</p> <p>An attorney has authority to sign his client’s name to an appeal bond.</p> <p>SAME-SUFFICIENCY-GUARANTY COMPANY AS SURETY-SIGNATURE BY ATTORNEY IN PACT.</p> <p>An appeal bond upon which the surety is a guaranty company whose name is signed by its attorney in fact is not defective in form because evidence of his authority to so sign was not filed with the bond. c</p> <p>SAME-JUSTIFICATION BY GUARANTY COMPANY.</p> <p>Where the surety upon an appeal bond is a guaranty company, no justification by the surety is required, under the terms of Bal. Code, § 1534.</p> <p>SAME-SERVICE OF APPEAL BOND OR WRITTEN NOTICE ON RESPONDENT.</p> <p>Service on respondent of the appeal bond or written notice of its filing is not mandatory under Bal. Code, § 6510,. which provides that “any respondent may except to the sufficiency of the surety or sureties in an appeal bond, within ten days after the service on him of the notice of appeal or within five days after the service on him of the bond or written notice of the filing thereof.”</p> <p>MORTGAGES-REDEMPTION BY MORTGAGOR’S GRANTEE-EEEEOT.</p> <p>A redemption from foreclosure sale by a grantee of the judgment debtor operates the same as if made by the judgment debtor himself, to extinguish the foreclosure proceedings, and the estate then stands as if no foreclosure sale had ever been made, and thereby revives the lien of a subsequent mortgage which would have been barred if no redemption had been made.</p> <p>SAME-SUBROGATION.</p> <p>The grantee of a person who has assumed and agreed to pay a mortgage cannot, on making payment, be subrogated to the rights of the mortgagee.</p>