Lee v. Pasco Theatre Co.

Citations

• 93 Wash. 204

Syllabus

<p>Judgment — Res Judicata — Persons Concluded — Dismissal on Disclaimer — Chattel Mortgages — Foreclosure. A judgment foreclosing a real estate and chattel mortgage upon a theater building and upon the fixtures and personal property therein, “or hereafter placed in said building,” after purchase money mortgagees, under a subsequent mortgage on chairs and fixtures that had been placed in the theater subsequent to the execution of the first mortgage, had been made parties, had disclaimed any interest in the property covered by the first mortgage, and had been dismissed from the action upon such disclaimer, is res judicata and a bar to a second action by them to foreclose such subsequent mortgage, the subsequent mortgagees having moved to modify the former judgment on the ground that the copy of the first mortgage served on them failed to contain the words “or hereafter placed in said building,” and having failed to prosecute an appeal from the judgment or from the refusal to modify the same; since the same property was claimed by the parties to the former action and the title determined therein.</p> <p>Chattel Mortgages — Foreclosure—Deficiency Judgment — Persons Liable. A deficiency judgment cannot be entered against individual defendants who had not signed a chattel mortgage, but had misrepresented the financial ability of the mortgagor, where the foreclosure failed because barred by a judgment in a former action involving the same property when the mortgagor disclaimed interest in the property.</p>