Hinchman v. Anderson

Citations

• 32 Wash. 198
• 72 P. 1018
• 1903 Wash. LEXIS 398

Syllabus

<p>LIMITATION OF ACTIONS-SUSPENSION BY STATUTORY PROHIBITION.</p> <p>Tbe fact that a mortgagee delayed the bringing of a personal action against the indorsers on the note secured by the mortgage until after the conclusion of the foreclosure proceeding would not operate as a suspension of the statute of limitations under Bal. Code, § 4812, which provides that “when the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action,” by reason of the fact that the mortgagee is prohibited by Id., § 5893, from prosecuting any other action for the same debt while foreclosing his mortgage, inasmuch as the remedy was open to the mortgagee of including the personal action with the foreclosure proceeding.</p>