Packwood v. Briggs

Citations

• 25 Wash. 530
• 65 P. 846
• 1901 Wash. LEXIS 427

Syllabus

<p>TAXATION PAYMENT BY JUDGMENT LIENOK TAX LIENS.</p> <p>Laws 1897, p. 175, § 82, which provides that “any person who has a lien, by mortgage or otherwise, upon any real property upon which the taxes have not been paid, may pay such taxes and the interest, penalty and costs thereon,” for which he shall have a lien collectible “as a part of and in the same manner as the amount secured by the original lien,” is applicable to holders of general judgment liens as well as to holders of specific liens.</p> <p>SAME--WHEN EQUITABLE LIEN ARISES THROUGH PAYMENT OE TAXES.</p> <p>Where a judgment creditor in good faith pays the delinquent taxes against his debtor’s land, in the belief that he has a lien against the premises, and is protecting himself against a paramount claim, he is entitled to an equitable lien as against a mortgagee for the sums expended for taxes, with interest thereon.</p> <p>J UDGMENTS — LIEN-REVIVAL.</p> <p>Under Code Proc., §§ 462, 463, which provide that the lien of a judgment continues for five years from the date of its rendition, and that proceedings to revive the lien may be instituted within six years from the date of judgment, the judgment lien terminates at the expiration of five years from its date of rendition, and becomes inoperative for any purpose unless revived within the succeeding year, when the lien again begins to operate from the date of revivor.</p> <p>SAME — EXPIRATION OF LIEN PENDING EXECUTION SALE — EFFECT.</p> <p>An execution sale upon a judgment whose lien has expired is void, even if the execution had been issued prior to the expiration of the lien.</p>