Griffith v. Burlingame

Citations

• 18 Wash. 429
• 51 P. 1059
• 1898 Wash. LEXIS 572

Syllabus

<p>RECEIVERS—EXECUTION SALES — RIGHT OF PURCHASER TO RENTS — ASSIGNMENT OF RENTS.</p> <p>The appointment of a receiver to take charge of real property would not afEect the right of one claiming the rents to bring an action to establish his claim, since the only result of such action would be to establish a claim for the receiver to pay.</p> <p>A sale of real property on execution does not entitle the purchaser to the possession nor to the profits during the year of redemption, where the judgment debtor has made a tona fide assignment of a lease of the premises prior to the date of the execution sale.</p> <p>A resolution of a milling corporation assigning the rents due under a lease of its mill to a mortgagee of the premises in consideration of an extension of payment constitutes a legal assignment, although for convenience the checks in payment of rent are drawn by the tenant in favor of the assignor conlpany, and immediately assigned by the company to the mortgagee.</p>