Mitchell, Lewis & Staver Co. v. O'Neil

Citations

• 16 Wash. 108
• 47 P. 235
• 1896 Wash. LEXIS 18

Syllabus

<p>SALE BY MORTGAGEE OF MORTGAGED CHATTELS—DEFICIENCY — SHERIFF’S RETURN — SUFFICIENCY—CONCLUSIVENESS OF.</p> <p>Where a mortgagee of chattels takes possession of the property and sells same without foreclosing the mortgage, he is not entitled to recover for a deficiency.</p> <p>A sheriff’s return of service upon a defendant of notice of the sale of mortgaged chattels is insufficient, when it recites service as made upon the defendant by leaving a copy with the father of said defendant “at his usual placeof residence,” there being no recital that the defendant could not be found nor that the attempted service upon the father was made at the dwelling house of the defendant.</p> <p>The statements in a sheriff’s return reciting facts not within his personal and official knowledge, but which are gathered by him from information received, are not conclusive, but are subject to contradiction.</p>