State ex rel. Stickel v. Shattuck

Citations

• 95 Wash. 119
• 163 P. 414

Syllabus

<p>Execution — Sale—Redemption—Right to — Proof—Presumption. Under Rem. Code, § 599, prescribing the method of redeeming real estate from execution sale, and providing that an applicant for redemption shall submit to the sheriff, as evidence of his right thereto, a copy of any assignment necessary to establish his claim, verified etc., it will be presumed, in the absence of a showing to the contrary, that the sheriff did his duty and determined that a redemptioner was successor in interest to the judgment debtor.</p> <p>Same — Sale—Redemption—Notice — Sufficiency. The redemption of real property from execution sale is not invalid because the sheriff was not given five days’ notice as required by Rem. Code, § 599, where the sheriff did not insist on the five days’ notice and the judgment debtor or purchaser had actual notice, and appeared two days prior to the time fixed and objected thereto.</p> <p>Same. A letter to a sheriff plainly stating an intention to redeem real property from execution sale on a certain date, is a sufficient notice of the intention to redeem, within Rem. Code, § 599, requiring five days’ written notice thereof to the sheriff.</p>