Norfor v. Busby

Citations

• 19 Wash. 450
• 53 P. 715
• 1898 Wash. LEXIS 408

Syllabus

<p>APPEAL — HOW AFFIDAVITS INCLUDED IN RECORD — MORTGAGE FORECLOSURE— APPOINTMENT OF RECEIVER.</p> <p>Affidavits introduced in the lower court will not be considered on appeal unless included in the statement of facts by certificate of the trial judge.</p> <p>Under Laws 1869, p. 130, § 498, modifying the common law mortgage to a mere security, and giving the mortgagee the right of possession till foreclosure sale, the statute of 1854 (Laws 1854, p. 162) authorizing the appointment of receivers in actions for the foreclosure of mortgages must be construed as repealed by implication.</p>