Strand v. Griffith

Citations

• 63 Wash. 334
• 115 P. 512
• 1911 Wash. LEXIS 1203

Syllabus

<p>, Constitutional Law — Impairing Obligations of Contracts — Mortgages — Foreclosure — Possession — Remedies. A statute relative to mortgage foreclosure sales is unconstitutional as to existing mortgages as impairing the obligation of the'contract, in so far as it requires the sheriff to postpone the sale for one year and gives the mortgagor possession of the premises during that time, when the former law gave the mortgagee the right to an immediate sale with the right of possession during the period of redemption; but the law is valid in changing the requirements as to the' notices of sale; since that merely affects the remedy and not the obligation of the contract.</p> <p>Mortgages — Foreclosure—Sales—Irregularities—Confirmation. Failure to publish notice of a mortgage foreclosure sale in the exact manner required by law is an irregularity only, and does not render the sale so far void that it is not curable by the order of .confirmation.</p> <p>Mortgages — Foreclosure—Sale—Action to Set Aside — Laches. A delay of nine years in bringing suit to cancel a mortgage foreclosure sale, without any excuse, is such laches as to justify the denial of relief on any ground other than the actual invalidity of the sale.</p>