North Pacific Loan & Trust Co. v. Bennett

Citations

• 49 Wash. 34
• 94 P. 664
• 1908 Wash. LEXIS 520

Syllabus

<p>Constitutional Law — Class Legislation — Mortgages—Possession During Redemption. Laws 1899, 'p. 94, §16, providing that mortgaged premises occupied as a homestead by the mortgagors shall remain in their possession during the period of redemption is not unconstitutional as granting special privileges to any class of citizens.</p> <p>Mortgages — Foreclosure — Possession During Redemption — Covenants. Covenants of warranty in a mortgage do .not prevent the mortgagors from claiming the right to occupy the homestead during the period of redemption, under Laws 1899, p. 94, § 15 providing therefor, which was in force when the mortgage was executed.</p> <p>Same — Time for Claiming Possession — Homestead—Exemptions. Since Laws 1899, p. 94, § 15, providing that mortgagors are entitled to the possession of a homestead during the period of redemption from sale, is to be liberally construed as an exemption law, a homestead claim is in time if asserted after sale while the mortgagors are still in possession of the property.</p> <p>Same — Amount—Segregation. Objection cannot be made that a homestead occupied by mortgagors during the period of redemption from sale exceeds in value the statutory homestead exemption, where no pz-oceedizzgs wez'e sought to appraise or segz’egate the exempt portion or amount.</p>