Scott v. Guiberson

Citations

• 72 Wash. 36
• 129 P. 886
• 1913 Wash. LEXIS 1399

Syllabus

<p>Execution — Sale—Confirmation—Matters and Objections Considered — Claim of Homestead. In view of Rem. & Bal. Code, § 591, providing that tbe only objections to be considered upon tbe confirmation of an execution sale are sucb as go to tbe regularity of tbe proceeding, tbe claim of tbe judgment debtor to a homestead cannot be beard or tried upon tbe bearing for confirmation of tbe sale, upon tbe mere filing of a declaration of intention as to unoccupied land.</p> <p>Same — Confirmation of Sale — Irregularities—Appraisement of Homestead. Tbe failure, upon an execution sale, to mate an appraisement of a homestead claim is not an irregularity, where no homestead claim was asserted or declaration of intention filed at the time of the levy, pursuant to Rem. & Bal. Code, § 591.</p>