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· 5/7/1902

Dooly v. Eastman

Citations

  • 28 Wash. 564
  • 68 P. 1039
  • 1902 Wash. LEXIS 518

Syllabus

<p>MORTGAGE-FORECLOSURE ON PART OF PROPERTY-WAIVER OF LIEN. ON BALANCE.</p> <p>Where one holding a mortgage upon two distinct tracts of realty foreclosed as against one of them only, it was a waiver of his right to enforce the mortgage lien against the other tract, even if the omission was unintentional on his part, due to the fact that he was ignorant that the mortgagor had won a contest in the United States land office involving the title to such omitted tract.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying the contract theory of bonding and holding that county commissioners lacked discretion to change the width of a road, or its cost, after voter approval and bond issuance

Source: CourtListener parenthetical corpus (CC0).

Judges: Anders

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