Gray v. Davison

Citations

• 78 Wash. 482
• 1914 Wash. LEXIS 1048

Syllabus

<p>Appeal — Bond—Supersedeas. On appeal from an order of dismissal with costs, denying the payment of a deficiency judgment out of money in the registry of the court, a supersedeas bond fixed1 by the court in an ample sum to compensate for the delay by the payment of interest is sufficient.</p> <p>Eminent Domain — Compensation—Right to the Award — Mortgagees — Waiver—Estoppel. The right of a mortgagee to satisfy a deficiency judgment out of a fund in court, paid as compensation in condemnation proceedings for taking part of the mortgaged property, is not waived by failing to make the city a party and asserting the lien in the foreclosure action, especially where there was no element of estoppel by misleading the opposite party or depriving him of the privilege of asserting any right.</p> <p>Mortgages — Foreclosure—Pursuit of Concurrent Remedies. The appearance of a mortgagee in a condemnation suit, asking that a deficiency judgment he satisfied out of the condemnation award, paid into court for taking part of the mortgaged property, is not the beginning of an action or the pursuit of a concurrent remedy, in violation of Rem. & Bal. Code, § 1125.</p> <p>MORTGAGES' — FORECLOSURE—DEFICIENCY-—EXHAUSTING SECURITY. Before allowing a mortgagee to satisfy a deficiency judgment from part of the mortgaged property which had been conveyed to a third party, the balance of the mortgaged property must be sold and the proceeds applied.</p>