Johnson v. Irwin

Citations

• 16 Wash. 652
• 48 P. 345
• 1897 Wash. LEXIS 373

Syllabus

<p>MORTGAGES — OPTION TO DECLARE DUE FOR NON-PAYMENT OF TAXES — FORECLOSURE — PARAMOUNT TITLE — TRIAL OF ISSUE — ATTACHMENT— LIS PENDENS—CONSTRUCTIVE NOTICE.</p> <p>The mortgagee may elect to treat the mortgage as due prior to its maturity, when it provides that “if said sum . . . is not paid when the same is due, and if the taxes and assessments . . . are not paid, . . . then said party of the second part shall be entitled to the possession of said premises,” the mere fact of such conditions being joined conjunctively not requiring a concurrence of maturity and non-payment of taxes before the mortgagee would be entitled to foreclosure.</p> <p>Where a complaint in an action to foreclose a mortgage tenders issue upon the priority of respective liens and issue is joined therein by a defendant claiming paramount title, he cannot after trial raise the objection that the action should have been dismissed as to him on the ground that he asserted paramount title.</p> <p>In a suit for foreclosure of a mortgage plaintiff is entitled to the trial of an issue raised as to whether the title to the premises asserted by a defendant other than the mortgagor was acquired prior or subsequent to the execution of the mortgage.</p> <p>The filing of a writ of attachment in the county auditor’s office is not constructive notice to one who subsequently acquires rights under a grantee of the attachment debtor.</p> <p>The provisions of Laws 1893, p. 412. § 17, which declare that every person whose conveyance or incumbrance is executed or recorded subsequent to the filing of the notice of lis pendens shall be deemed a subsequent purchaser or incumbrancer and shall be bound by all proceedings taken after the filing of the notice, applys only to persons whose conveyance or incumbrance is taken from the parties to the suit and not from strangers to the record.</p>