Naden v. Christopher

Citations

• 67 Wash. 578
• 122 P. 2
• 1912 Wash. LEXIS 1214

Syllabus

<p>Mortgages — Foreclosure—Decree — Sale — Second Sale for Installments Due After Judgment. Under Rem. & Bal. Code, § 1126, providing that on foreclosure of a mortgage upon which installments are not due, the final judgment shall direct at what time and upon what default any subsequent execution shall issue, and Id., §§ 1127, 1128, providing for sales in parcels or as a whole, and that in case of sales in parcels the judgment shall remain and be enforced upon any subsequent default, after final decree an order may be entered directing a sale to satisfy installments that have since become due; and the fact that the defendant had paid the amount due on the judgment does not prevent further proceedings in the ease in the nature of a second judgment directing sale for subsequent installments; the judgment being conclusive as to the validity of the mortgages and all defenses except those accruing subsequent to the decree, which may be set up on application for subsequent executions.</p>