Stark Bros. v. Royce

Citations

• 44 Wash. 287
• 87 P. 340

Syllabus

<p>Execution — Sale—Confirmation—Invalid Judgment. Where a judgment purporting to foreclose a mortgage lien is void, in so far as it authorizes a sale of premises, the court may refuse to confirm the sale, upon the objection of the defendant who defaulted, and in such proceeding may determine whether the judgment must be set aside.</p> <p>Judgments — Vacation—Notice. Vacation of a judgment cannot be objected to for want of notice, where the record shows service of notice of motion and an appearance by the party to contest the motion.</p> <p>Same — Modification for Irregularity. A judgment irregularly obtained is properly modified upon motion.</p> <p>Same — Invalidity. A void judgment may be set aside upon motion.</p> <p>Same — Vacation of Default — Irregularity. A default judgment beyond the purport and scope of the pleadings is irregularly obtained, rather than erroneous, and may be set aside on motion.</p> <p>Contracts — Construction—Agreement for Payment of Money or Mortgage. A contract to purchase fruit trees reciting that the purchaser is the owner of certain lands and that he “binds himself, his heirs, assigns and grantees” of said lands, cannot be treated as a mortgage of the premises, but is a simple contract for the payment of money.</p>