Krutz v. Gardner

Citations

• 18 Wash. 332
• 51 P. 397
• 1897 Wash. LEXIS 167

Syllabus

<p>FORECLOSING OF ASSESSMENT LIEN — PURCHASE BY CITY — COLLATERAL ATTACK — RIGHTS OF MORTGAGEE.</p> <p>In an action by a city to foreclose a street assessment lien, the holder of a mortgage lien upon the premises is not a necessary, though perhaps a proper, party, under a charter provision to the effect that “ it shall be a sufficient statement of the cause of action in the complaint to allege the making and completion of the improvement, describing it, and the amount of assessment on the premises proceeded against, giving an accurate description thereof, and the amount of such assessment remaining unpaid, and the names of the owner of, and each person having an interest in, such premises at the time of commencing the action or suit.”</p> <p>A mortgagee who has not been made a party to the foreclosure of an assessment lien against the mortgaged premises would not be concluded by such foreclosure from redeeming, or perhaps from contesting, the validity of the assessment in a proper action, provided either of such courses was pursued within the time allowed by the statute of limitations.</p> <p>The validity of a sale to a city, in default o'f other bidders, upon its foreclosure of a street assessment lien, which sale was confirmed by court without objection of the owner of the premises, cannot be contested in an action of ejectment by a mortgagee of the premises against one holding the premises by virtue of a sale of the city’s interests therein.</p>