State ex rel. Biddle v. Superior Court

Citations

• 63 Wash. 312
• 115 P. 307
• 1911 Wash. LEXIS 1198

Syllabus

<p>Assistance, Writ of — Mortgages—Foreclosure—Parties Bound —Privies. Upon the issuance of a certificate of sale on foreclosure, a writ of assistance may issue against one in possession as receiver in bankruptcy of the estate of the defendant, appointed pending the suit, although he was not made a party to the action, on the theory that the proceeding is in rem and he is bound as in privity with the mortgagor.</p> <p>Appeal — Right to Appeal — Writ of Assistance — Privies—Re-ceiver in Bankruptcy. A receiver in bankruptcy in possession of mortgaged premises may appeal from an order granting a writ of assistance or refusing to vacate it, although he was not a party to the foreclosure suit, since he is in privity with the mortgagor.</p> <p>Prohibition — When Lies — Adequate Remedy by Appeal. Prohibition does not lie to prevent the issuance of a writ of assistance, after a mortgage foreclosure, since there is an adequate remedy by appeal.</p>