Penn Mutual Life Insurance v. Fife

Citations

• 15 Wash. 605
• 47 P. 27
• 1896 Wash. LEXIS 260

Syllabus

<p>ASSIGNMENT FOB BENEFIT OF CREDITORS — LEAVE TO MORTGAGEE* TO SUE — DISCRETION OF COURT — COLLATERAL ATTACK.</p> <p>Although an assignment for the benefit of creditors has been made by a mortgagor, it is a matter within the discretion of the court, to grant leave to the mortgagee to institute a separate suit for foreclosure.</p> <p>The action of the court in assignment proceedings in granting leave to a mortgagee of the assignor to bring a separate suit for foreclosure cannot be collaterally attacked in the foreclosure proceeding.</p>