Seattle Trust Co. v. Cameron

Citations

• 100 Wash. 92
• 170 P. 379
• 1918 Wash. LEXIS 710

Syllabus

<p>Vendor and Purchaser—Contracts •—• Priority — Abandonment. Where a vendor mortgaged land already under contract of sale, the acceptance of deeds pursuant to and in performance of contracts is not an abandonment of the contract, and the deeds preserve all rights conferred by and relate back to the date of the contracts.</p> <p>Same. Failure to make payments upon a land contract do not amount to an abandonment, where the vendor was in default.</p> <p>Mortgages—-Foreclosure — Parties. Contract purchasers prior to the execution of a mortgage and those claiming under them are not necessary or proper parties to an action of foreclosure, where there is no question as to their priority.</p> <p>Mortgages — Foreclosure — Judgment — Scope. In an action to foreclose a mortgage subject to prior contracts of sale, further secured by a trust deed of sums due on the sales contracts, in which the trustee was not a party, it is error to hear and decide an issue as to the amount received by the trustee on the sales contracts, and to adjudge that the mortgage had been satisfied thereby, since neither the trustee nor the purchasers were before the court on that issue.</p>