Hanna v. Kasson

Citations

• 26 Wash. 568
• 67 P. 271
• 1901 Wash. LEXIS 689

Syllabus

<p>MORTGAGES-PERSONAL JUDGMENT AGAINST MORTGAGOR-RES JUDI-CATA AS TO FORECLOSURE.</p> <p>The fact that a personal judgment on notes secured by mortgage has been rendered would not constitute such judgment res judicata in a subsequent action for the foreclosure of the mortgage lien for the purpose of recovering that portion of the original debt which remained unpaid under such personal judgment.</p> <p>SAME-STATUTE OF LIMITATIONS-WHEN BEGINS TO RUN.</p> <p>In an action for the foreclosure of a mortgage, where the debt had been merged in a personal judgment on the notes secured by the mortgage, the running of the statute of limitations would not commence with the date of such judgment, but at the date of the maturity of the original debt as described in the mortgage.</p> <p>SAME.</p> <p>Where mortgaged premises have been conveyed to a subsequent grantee, payments made by the mortgagor on the mortgage indebtedness will not extend the running of the statute of limitations as against such subsequent grantee without his consent.</p> <p>SAME.</p> <p>Where a subsequent grantee of mortgaged lands has been compelled to redeem a portion thereof from execution sale under a personal judgment against the mortgagor upon the notes secured by the mortgage, such involuntary payment would not operate to extend the statute of limitations as against an action of foreclosure upon the mortgage indebtedness remaining unpaid.</p> <p>LIMITATIONS-EEFECT OE PARTIAL PAYMENTS B,Y CO-OBLIGOR.</p> <p>Payments made by one obligor will not extend the statute of limitations as against a co-obligor who has not consented thereto.</p>