Hagerman v. Heltzel

Citations

• 21 Wash. 444
• 58 P. 580
• 1899 Wash. LEXIS 306

Syllabus

<p>WRIT OF ASSISTANCE — WHEN ISSUED — RIGHTS OF REDEMPTIONER.</p> <p>The purchaser of an equity of redemption in premises which have been sold upon foreclosure of mortgage is entitled to a writ of assistance to place him in possession, where he has redeemed within the statutory period, under Code Proc., § 519, which provides that “the purchaser from the day of sale until a resale or redemption, and the redemptioner from the day of his redemption until another redemption, shall be entitled to the possession of the property purchased or redeemed.”</p> <p>SAME — RIGHTS OF PRIVIES TO THE SUIT.</p> <p>The rule that the writ of assistance will issue only against parties to the suit, or their representatives, or those who came into possession under either of the parties while the suit was pending, is not infringed by its issuance' against privies to'the,original parties in the suit, though such privies may not have been named therein.</p>