Slyfield v. Willard

Citations

• 43 Wash. 179
• 86 P. 392
• 1906 Wash. LEXIS 676

Syllabus

<p>Chattel Mortgages — Foreclosure—Insecurity. A loan is sufficiently insecure to warrant the commencement of an action, before maturity, to foreclose a chattel mortgage upon a leasehold and the furnishings of a lodging-house where the mortgagors were behind in their rent and about to be ejected'by their landlord.</p> <p>Alteration op Instruments — Burden op Proof. Upon the foreclosure of a mortgage, the burden of proving an affirmative defense to the effect that 'a waiver of exemptions had been inserted after execution is upon the defendant.</p> <p>Appeal — Review—Findings—Presumptions. The failure to find upon a certain point in an ecfuity case does not raise the presumption that the point was established, since no findings are necessary.</p> <p>Exemptions — Waiver—Statutes—Validity. The territorial act (Bal. Code, § 5251), providing that a mortgagor may waive the benefit of all his exemptions, is repugnant to and annulled by Const., art. 19, providing that the legislature shall protect from sale a portion of the homestead and other property of all heads of families and making any such waiver in a mortgage void.</p>