Pennsylvania Mortgage Investment Co. v. Gilbert
Citations
- 13 Wash. 684
- 43 P. 941
- 1896 Wash. LEXIS 118
Syllabus
<p>APPEALABLE ORDER — JUDICIAL SALE — JUDGMENT IN ATTACHMENT PROCEEDINGS— RELATION OP TITLE.</p> <p>1 In an action to foreclose a mortgage, an order dismissing the action as to some of the defendants who assert interests in the property paramount to the mortgagee is appealable, although no judgment has been rendered against the mortgagors.</p> <p>In a suit for foreclosure of a mortgage, plaintiff is entitled to a trial of an issue raised as to whether the title to the premises asserted by a defendant other than the mortgagor was acquired prior or subsequent to the execution of the mortgage.</p> <p>Under the statutes of this state, it is unnecessary that the judgment in an attachment suit should direct a foreclosure of the lien and a sale of the property attached, where personal service was had upon the defendant.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Many authorities hold and this court herein agrees that the true measure of damages [in a replevin action] is the fair, reasonable, ordinary value of the use of the property.’’
Source: CourtListener parenthetical corpus (CC0).
Judges: Soott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.