Jacobson v. Aberdeen Packing Co.

Citations

• 26 Wash. 175
• 66 P. 419
• 1901 Wash. LEXIS 626

Syllabus

<p>CHATTEL MORTGAGES-FORECLOSURE BY NOTICE-AUTHORITY OF CONSTABLE.</p> <p>A constable lias no authority to foreclose a chattel mortgage by notice and sale under the terms of Bal. Code, §§ 5871, 5872, which provide that such mortgages may be foreclosed by the service of the prescribed notice by the “sheriff or other proper officer”, and that “such notice shall be sufficient authority for the officer to take such property into his immediate possession.”</p> <p>PLEADING — CONVERSION-COUNTERCLAIM-DEFECTIVE PLEA CUBED BY ADMISSION OF EVIDENCE.</p> <p>In an action for conversion founded on the defendant’s unlawful seizure and sale of plaintiff’s goods under a chattel mortgage, an answer setting up by way of counterclaim the plaintiff’s indebtedness for which the mortgage was security cannot be urged as error after judgment, where no demurrer was interposed to such answer and evidence in support of its allegations had been introduced without objection. ■</p>