Raymond v. Bales

Citations

• 26 Wash. 493
• 67 P. 269
• 1901 Wash. LEXIS 674

Syllabus

<p>APPEAL-DISMISSAL-DELAY IN PILING TRANSCRIPT.</p> <p>An appeal will not be dismissed on tbe ground that appellant had filed his brief before filing his transcript, contrary to the provision of Laws 1901, p. 29, § 2, which requires the transcript to be ccitified and filed at or before the serving and filing of appellant’s opening brief, where the motion is not made until after the record has .been supplied.</p> <p>LIMITATION OF ACTIONS-FORECLOSURE OF MORTGAGE-BAR OF STATUTE AS TO EXECUTION PURCHASER.</p> <p>Partial payment by a mortgagor on his mortgage indebtedness will not extend the statute of limitations as against a judgment creditor of the mortgagor who has bought in the mortgaged premises under execution sale and thereby become vested with such an interest in the land as to deprive the mortgagor of the right by any act or stipulation to extend the limitation upon the mortgagee’s right of foreclosure, even though the mortgagor at the time of such partial payment may have had the right of redemption against the execution sale.</p>