Smithson Land Co. v. Brautigam

Citations

• 16 Wash. 174
• 47 P. 434
• 1896 Wash. LEXIS 30

Syllabus

<p>CONVEYANCE OF MORTGAGED LANDS BY MORTGAGEE — WHEN OPERATES AS ASSIGNMENT OF MORTGAGE — SETTING ASIDE VOID FORECLOSURE — PARTIES.</p> <p>A mortgagee, who becomes the purchaser of the mortgaged premises at a foreclosure sale, which is void for any reason, takes such constructive possession of unoccupied lands that his deed purporting to convey the legal title to such property will vest in his grantee the title to the mortgage and the debt secured thereby.</p> <p>In an action to set aside foreclosure proceedings, a grantee of the purchaser at a void foreclosure sale is a necessary party, and money deposited in court by the plaintiff for the redemption of the land from the mortgage becomes the property of such grantee, upon a decree setting aside the foreclosure proceedings.</p>