Kennedy v. Trumble

Citations

• 32 Wash. 614
• 73 P. 698
• 1903 Wash. LEXIS 463

Syllabus

<p>EXECUTION SALE —■ REDEMPTION LIABILITY FOR VENTS OF FARMING LAND.</p> <p>Although an. execution purchaser of land is liable for' the rents or value of the use and occupation to a redemptioner of the land, such purchaser could not he held for the value of the use of farming lands, the right of possession of which is especially conferred on the debtor during the period of redemption by Laws 1899, p. 92, § IB, where it appears that the purchaser had not been in possession nor received the benefit of the crops raised thereon.</p> <p>SAME-ACTION FOR ACCOUNTING PRIOR TO REDEMPTION-LIMITATIONS.</p> <p>An action against an execution purchaser of land for an accounting of rents with a view to redemption, brought more than a year after the sale, is in time, although the purchaser was not liable for any rents, where the purchaser did not comply with a demand for a sworn statement of the profits, and the action was brought within sixty days after demand therefor, as provided by Laws 1899, p. 91, §§ 12, 13.</p> <p>SAME-SWOBN STATEMENT OE BENTS NECESSAKY.</p> <p>The making of a statement of rents and profits received by the purchaser will not affect the extension of time given by the statute in case of a failure to make the statement demanded by the redemptioner, where the one made by the purchaser is not a sworn statement.</p>