Spinning v. County of Pierce

Citations

• 20 Wash. 126
• 54 P. 1006

Syllabus

<p>LIMITATION OF ACTIONS— CLAIM AGAINST COUNTY—FORECLOSURE SALE — ILLEGAL SHERIFF’S COMMISSIONS — HOW APPLIED.</p> <p>■Where moneys arising from sheriff’s commissions wrongfully charged on foreclosure sales have been paid by him into the county treasury, the statute of limitations begins to run against actions to enforce repayment from the dates such moneys were turned into the treasury and not from the date of demand therefor on the county, although action would not lie against the county until after demand for repayment.</p> <p>Where, upon a foreclosure sale, the property was sold for less than the amount of the judgment and a portion of the sum realized wrongfully charged up as the sheriff’s commission on the sale, the judgment creditor cannot assign the sum applied as commission to a third party, so as to render the judgment debtor liable to a double payment of that amount, as such sum should properly be credited on the judgment.</p>