Gile Investment Co. v. Fisher

Citations

• 104 Wash. 613
• 177 P. 710
• 1919 Wash. LEXIS 543

Syllabus

<p>Mortgages (124-1) — Partial Release. Under a mortgage providing for partial releases upon recording a plat and the sale of lots, there can be no right to releases where the plat was not “placed on record” as stipulated in the mortgage.</p> <p>Mechanics’ Liens (83) — Foreclosure—Limitations. Where mechanics’ liens that were subsequent to a mortgage were foreclosed without making the mortgagee a party, he is not bound, and the liens expire if suit is not commenced within the eight months limited by Rem. Code, § 1138.</p> <p>Same (71) — Priorities—Mortgages. Where liens have expired by limitation as to a prior mortgagee, who was not made a party to the lien foreclosure, on foreclosure of the mortgage the lien-holders can assert no priority over the mortgage by virtue of execution sales under their lien foreclosures.</p> <p>Same (8) — Interest Subject — Removal of Buildings — Rights of Mortgagee. Rem. Code, § 1146, providing for the removal and sale from the land of property subject to a mechanics’ lien, in case title to the land cannot be subjected thereto, has application only to cases where the work or material was furnished at the instance of the owner of less than the fee, and not to liens placed by the owner of premises subject to prior mortgages.</p>