Edmonds v. Eubanks

Citations

• 57 Wash. 529
• 107 P. 387
• 1910 Wash. LEXIS 791

Syllabus

<p>Chattel Mortgages — -Foreclosure—Costs—Keeping Horses — Use —Accounting—Evidence—Sufficiency. A mortgagee in possession of the mortgaged property as custodian of the sheriff, who uses and works the same pending a contested foreclosure, is not entitled to be paid for care and keep anything more than the actual costs less what the property had earned, as shown by an accounting; and he impliedly admits the use of the property as alleged and fails to make the accounting contemplated by law, where, in answer to an affidavit that the property, twenty-five head of horses and farm machinery, had been worked and used by him upon his farm for his own use and benefit, and that the work and labor of the horses and the use of the machinery exceeded the cost of keeping and caring for the property, he merely filed a brief answering affidavit to the effect that it became necessary to employ a man to care for the horses and that the amount paid to - him by the sheriff was actually expended incident to said care and keep over and above all offsets by reason of the value of the use of any of the stock and property; the sheriff making no showing except by an item in his expense bill of $2,902 paid for care and keep for 11% months.</p>