Rogers v. Minneapolis Threshing Machine Co.

Citations

• 48 Wash. 19
• 92 P. 774
• 1907 Wash. LEXIS 847

Syllabus

<p>Public Lands — Homestead—Mortgage. A homestead claimant may mortgage the homestead after final proof, before the issuance of a patent.</p> <p>Husband and Wife — Community Property — Public Lands — Homestead Mortgage. A homestead settled upon and improved by a man before marriage, to whom patent is issued therefor after final proof, is his separate property; and his wife need not join in a mortgage thereof.</p> <p>Appeal — Bonds—Supersedes — Description of Judgment — Liability of Surety. An appeal by a lien claimant from a judgment declaring the priority of and foreclosing a mortgage, with an application for an order fixing the amount of the bond to supersede the judgment “and the whole thereof,” wherein the bond given showed on its face that it was given for that purpose and in terms stayed the whole judgment, is an appeal from the whole judgment and not merely from that part declaring the priority of the liens; and upon affirmance, the surety is liable for the full amount of the judgment.</p>