Nance v. Woods

Citations

• 79 Wash. 188
• 140 P. 323
• 1914 Wash. LEXIS 1174

Syllabus

<p>Venue — Change—Bias of Judge — Time of Application. A motion for change of judges on account of bias of the trial judge is not timely when not made until after motion for a bill of particulars, and denial of a motion for default upon terms; since a party cannot wait and speculate upon what rulings will be made.</p> <p>Mortgages — Requisites—Consideration—Foreclosure — Parties. A conveyance of lands to 'defendants, who advanced the first payment of $3,000 on the purchase price to enable another to purchase, is a sufficient consideration for the execution by defendants of a note and mortgage for the balance of the purchase price, making them primarily liable thereon and proper parties to the foreclosure; although, on repayment of the advance made, defendants had conveyed the land to the purchaser, subject to the mortgage.</p> <p>Husband and Wife — Community Property — Actions—Parties. A married woman to whom a note and mortgage had' been given may maintain an action in her own name to foreclose the mortgage, even if it was community property.</p> <p>Mortgages — Foreclosure—Deeenses. It is no defense to an action to foreclose a mortgage that the mortgagee had agreed that the land might be sold for a certain sum to be paid the mortgagee for cancellation of the note and mortgage, or that he would take a second mortgage, after applying all that could be raised by a first mortgage, where the agreement was not carried out and was without consideration.</p>