Sloane v. Lucas

Citations

• 37 Wash. 348
• 79 P. 949
• 1905 Wash. LEXIS 733

Syllabus

<p>Mortgages — Foreclosure — Parties — Husband and Wife— Wife of Purchaser of Premises. The foreclosure of a mortgage against community property transferred by the mortgagor, is void where the wife of the purchaser is not made a party defendant.</p> <p>Mortgages — -Void Foreclosure Sale — Mortgagee in Possession. A purchaser or assignee in good faith under a void foreclosure sale becomes a mortgagee in possession.</p> <p>Mortgages — Interest—Increased Rate After Maturity — Bills and Notes. A stipulation in mortgage notes providing for an increased rate of interest after maturity, is valid.</p> <p>Same — Interest on Taxes Paid. It is proper to allow twelve per cent interest upon taxes paid by the mortgagee where the mortgage provides therefor.</p> <p>Mortgages — Action to Redeem — Mortgagee in Possession— Value of Improvements — Interest Upon — Rental Value. In an action for an accounting, brought by mortgagors, against mortgagees in possession under a void foreclosure, it is proper to allow the defendants for the- value of their improvements, with interest thereon from the time they were made, where the plaintiffs are allowed the rental value of the premises at a rate increased by the improvements, and where the plaintiffs had knowledge that the improvements were being made in the full belief of the legality of the defendants’ title, and made no claim to the land for more than three years thereafter.</p> <p>Same — Form of Decree — Interlocutory Order Fixing Time foe Redemption — Equity. In an action brought by mortgagors against mortgagees in possession under a void foreclosure, seeking to set aside the foreclosure decree and for an accounting for rents, it is proper to enter an interlocutory decree fixing 90 days within which the amount necessary to redeem from the mortgage debt shall be paid, and in default of such payment, dismissing the action and quieting the title of the defendants; since, either as an action to quiet title or to redeem, the plaintiffs must do