Heal v. Evans Creek Coal & Coke Co.

Citations

• 71 Wash. 225
• 128 P. 211
• 1912 Wash. LEXIS 726

Syllabus

<p>Actions — Consolidation—Trial—Judgment. It is proper to consolidate an action for tbe foreclosure of a mortgage and actions to foreclose laborers’ liens on tbe same property, and to enter a single decree defining tbe rights of tbe respective parties.</p> <p>Appeal — Review—Discretion. Failure to order a sale of mortgaged property in parcels is not reversible error where abuse of discretion is not shown by tbe record.</p> <p>Mortgages — Validity — Recording —Future Advances — Subsequent Labor Liens. A mortgage to secure future advances is valid and takes precedence over laborers’ liens for services performed after tbe mortgage is recorded. .</p> <p>Mechanics’ Liens — Notice—Service. Under Rem. & Bal. Code, § 1150, a copy of the notice of a laborers’ lien must be served upon the employer within thirty days after the same is filed for record, or the lien cannot be enforced.</p> <p>Chattel Mortqaoes — Validity—Failure to Record — Creditors Without Liens. The invalidity of a chattel mortgage by reason of failure to record it, valid as between the parties, cannot be asserted by creditors who had acquired only liens against the real property of the mortgagor.</p>