McDermott v. Tolt Land Co.

Citations

• 101 Wash. 114
• 172 P. 207
• 1918 Wash. LEXIS 808

Syllabus

<p>Logs and Logging—Liens — Duration — Foreclosure — Limitations. Rem. Code, §§ 1152, 1138, providing that liens on logs shall not bind the property for more than eight months and that no action to enforce the same shall be commenced thereafter, limits the duration of the lien and the time for commencing suit thereon.</p> <p>Bankruptcy—Claims—Payment—Statutes. Rem. Code, § 1153, providing for the payment of liens to a receiver or assignee applies only to proceedings in state courts, and not to a trustee in bankruptcy.</p> <p>Limitation of Actions—Tolling Statute—Bankruptcy Proceedings. The filing of a claim with a trustee in bankruptcy does not toll the statute of limitations relating to the foreclosure of liens, under Rem. Code, § 172, which provides for the tolling of the statute when the commencement of an action is stayed by injunction or statutory prohibition; since the bankruptcy proceedings did not prevent maintenance of the action.</p>