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· 4/10/1905

Payson v. Jacobs

Citations

  • 38 Wash. 203
  • 80 P. 429
  • 1905 Wash. LEXIS 1147

Syllabus

<p>Receivers—Leave to Sue—Waiver of Objection. The objection that plaintiff did not obtain leave to sue a receiver is waived if not made in the court below.</p> <p>Same—Presumption on Collateral Attack. That plaintiff obtained leave to sue a receiver, will be inferred when raised in a collateral proceeding, especially when the same court that appointed the receiver rendered the judgment against him.</p> <p>Lis Pendens—Mortgages —■ Foreclosure — Unrecorded Deed Junior to the Mortgage—Actual Notice of Mortgagee. The filing of notice of pendency of an action to foreclose a mortgage, under Bal. Code, § 4887, is notice to the holder of an unrecorded conveyance which is junior and inferior to the mortgage, and such holder is bound absolutely by the judgment the same as though he were made a party to the action, although the mortgagee had actual notice of the conveyance prior to the commencement of the action.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “It is well settled that the opinion evidence of expert witnesses as to the value of an attorney’s services is not conclusive, nor is it binding either on the court or on the jury.”

Source: CourtListener parenthetical corpus (CC0).

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