Harding v. Atlantic Trust Co.

Citations

• 26 Wash. 536
• 67 P. 222
• 1901 Wash. LEXIS 682

Syllabus

<p>EXECUTION SALE-EIGHT OE HOMESTEAD-EEEECT OE CONFIRMATION.</p> <p>The confirmation by the court of an execution sale of realty, ■ after it had been claimed as exempt as the homestead of the judgment debtors, would not constitute an adjudication upon the question of the homestead claim, since the only question the court can properly investigate upon application for confirmation is that of irregularity in the proceedings concerning the sale.</p> <p>EQUITABLE LIEN-ESTOPPEL BY ELECTION OE LEGAL REMEDY.</p> <p>Where a mortgagee after foreclosure and sale of the mortgaged premises attempts to realize on a deficiency judgment by issuance of execution thereon and sale of the debtor’s homestead, he has elected his remedy at law, and he is estopped from claiming an equitable lien on the homestead by reason of its purchase with the proceeds of waste committed upon the mortgaged premises.</p>