Schroeder v. City of Raymond

Citations

• 117 Wash. 238
• 200 P. 1092
• 1921 Wash. LEXIS 1022

Syllabus

<p>Municipal Corporations (300) — Parties—Special Assessments —Foreclosure of Lien. The holder of local improvement bonds made payable to bearer may properly maintain an action to foreclose the lien of delinquent assessments out of which such bonds are made payable, where such bonds, properly executed, are produced in court and admitted in evidence, notwithstanding others may have some financial interest in them.</p> <p>Same (295) — Actions for Sale of Land — Defenses. The foreclosure of a lien represented by a certificate of delinquency for general taxes would not bar foreclosure proceedings for special assessments, in view of Rem. Code, § 7892-40, providing that one foreclosing for general taxes shall either pay in full all local assessments or may proceed to acquire title to the property subject to certain or all of the local assessments that are a lien thereon.</p> <p>Taxation (147, 161) — Foreclosure of Certificates — Conditions Precedent — Scope and Extent of Relief. Where a holder of a certificate of delinquency does not pay local assessments before foreclosing, he elects to take subject to the local assessments; and the court has power to grant only the statutory relief, which will be read into the decree, its terms going beyond it and barring all such claims being of no force.</p>