Harbican v. Chamberlin
Citations
- 82 Wash. 556
- 144 P. 717
- 1914 Wash. LEXIS 1550
Syllabus
<p>Appeal — -Preservation of Grounds — Exceptions to Findings— Necessity. Where the findings in a decree of foreclosure are not commingled with the decree proper and are separately stated and numbered, there can be no review of the evidence on appeal, when not excepted to, where no part of the error relied upon is the rejection of evidence; since Rem. & Bal. Code, § 382, providing that exceptions are not necessary to rulings embodied in a written judgment, also provides that this section shall not apply to findings of fact in a decision of a court or judge tried without a jury, and Id., § 1736, precludes any review of the evidence in the absence of exceptions to the findings.</p> <p>Mortgages — Foreclosure—Assumption of Mortgage — -Findings— Sufficiency. In the absence of any exceptions, findings for a decree of the foreclosure of a mortgage to the effect that subsequent to the mortgage, the premises were, by mesne conveyances, transferred and sold to the defendant C. and wife, who “assumed and agreed to pay said note and mortgage according to its terms,” are sufficient to support a deficiency judgment against C. and wife upon their assumption; since (1) it does not affirmatively appear that there was in fact any gap in the assumptions in the chain of mesne conveyances through which the appellant’s claim, and (2) the deed to defendants in which it is found that they expressly assumed the mortgage, imports a consideration; and since, where findings are merely defective, it will be presumed that they are supported by the evidence.</p>
Judges: Ellis
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14 cases in this archive cite this case.
- Bowman v. WebsterWashington Supreme Court· 1953-02-26· cited 62×
- In re Shilshole AvenueWashington Supreme Court· 1915-05-18· cited 18×
- Weyerhaeuser Timber Co. v. Pierce CountyWashington Supreme Court· 1917-08-06· cited 15×
- Rea v. EslickWashington Supreme Court· 1915-08-31· cited 14×
- Kitsap County Bank v. United States Fidelity & Guaranty Co.Washington Supreme Court· 1916-02-26· cited 13×
- Glen Park Associates, L.L.C. v. Department of RevenueCourt of Appeals of Washington· 2003-11-12· cited 13×
- Smith v. Dement Bros.Washington Supreme Court· 1918-02-05· cited 12×
- Ready v. McGillivrayWashington Supreme Court· 1920-01-12· cited 3×
- Shelton v. PowersWashington Supreme Court· 1920-06-22· cited 3×
- Pearson v. M. Gottstein Investment Co.Washington Supreme Court· 1920-08-03· cited 2×
- James v. McMillanWashington Supreme Court· 1921-03-29· cited 2×
- Union Central Life Insurance v. HawkinsWashington Supreme Court· 1915-03-31· cited 2×
- P. H. & F. M. Roots Co. v. United StatesSeventh Circuit· 1927-02-23· cited 1×
- Glen Park Associates, LLC v. STATE, DEPARTMENT OF REV.Court of Appeals of Washington· 2003-12-16
Cites
12 cases in this archive are cited by this case.
- Katterhagen v. MeisterWashington Supreme Court· 1913-08-22· cited 58×
- Gould v. AustinWashington Supreme Court· 1909-04-07· cited 26×
- Hagen v. MillsWashington Supreme Court· 1913-07-26· cited 20×
- Nichols v. CapenWashington Supreme Court· 1914-04-08· cited 17×
- Magee v. RisleyWashington Supreme Court· 1914-11-09· cited 16×
- Fender v. McDonaldWashington Supreme Court· 1909-07-12· cited 13×
- Yakima Grocery Co. v. BenoitWashington Supreme Court· 1909-12-08· cited 10×
- McAllister v. McAllisterWashington Supreme Court· 1902-05-14· cited 9×
- Thompson v. EmersonWashington Supreme Court· 1909-10-04· cited 9×
- Berens v. CoxWashington Supreme Court· 1912-10-29· cited 8×
- Lauridsen v. LewisWashington Supreme Court· 1908-10-15· cited 5×
- Nelson v. McPheeWashington Supreme Court· 1910-06-18· cited 4×
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