McSorley v. Lindsay

Citations

• 62 Wash. 203
• 113 P. 267
• 1911 Wash. LEXIS 675

Syllabus

<p>Mortgages — Redemption—Right to Redeem — Tenants in Common — Priority. Tenants in common, who joined in a mortgage, are equally entitled to redeem from the foreclosure sale, and redemption by one inures to the benefit of the other, subject to reimbursement, and their priority in demanding redemption from the sheriff is immaterial; hence neither can maintain an action to restrain the issuance of a certificate to the other.</p> <p>Appeal — Decisions Reviewable — Dismissal — Moot Questions. Where a court has erroneously found that one tenant in common has priority in the right to redeem from a mortgage foreclosure</p> <p>sale, and can maintain an action against the other to enforce the same, an appeal therefrom will not be dismissed for want of any controversy, on the theory that redemption by either inures to the benefit of the other; since the argument goes to the merits of the case.</p> <p>Dtjnbak, C.J., dissents.</p>