Keene Guaranty Savings Bank v. Lawrence

Citations

• 32 Wash. 572
• 73 P. 680
• 1903 Wash. LEXIS 458

Syllabus

<p>MORTGAGE-PRIORITY-ESTOPPEL.</p> <p>Knowledge by a mortgagee of an action seeking to establish a prior lien over the mortgaged premises in favor of another would not estop the mortgagee from denying the validity of a decree declaring a prior lien, when the mortgagee had not been made a party to the action and served with process.</p> <p>SAME —• ASSIGNEE NOT BOUND BY ASSIGNOR’S KNOWLEDGE OF EQUITIES.</p> <p>Knowledge on the part of the assignor of a mortgage that a third party had an equitable lien against the premises would not affect the rights of an assignee who took without knowledge, actual or constructive, of the rights of such third party.</p> <p>NOTARY PUBLIC-MORTGAGE TO CORPORATION-ACKNOWLEDGMENT BEFORE CORPORATE OFFICER.</p> <p>The fact that a notary public is an officer in a corporation to which a mortgage is executed would not preclude his taking the acknowledgment of the mortgagor, as that is merely a ministerial act.</p> <p>FOREIGN CORPORATIONS — TRANSACTION OF BUSINESS WITHIN STATE.</p> <p>The purchase by a foreign corporation of a promissory note or mortgage in this state, with no intention of doing any other act here, is not a transaction of business within the meaning of the statute requiring every such corporation, before transacting business within this state, to record a certified copy of its articles of incorporation and appoint an agent within the state upon whom process can be served.</p> <p>MECHANICS’ LIENS ■ — ■ DATE OF COMMENCEMENT FOR FURNISHING MATERIALS.</p> <p>The inception of a material man’s lien is governed by the date of the actual furnishing of materials and not by the date of the contract therefor.</p>