Strandberg v. Stringer

Citations

• 125 Wash. 358
• 216 P. 25
• 1923 Wash. LEXIS 1025

Syllabus

<p>Chattel Mortgages (64-1)—Foreclosure—Service of Notice— Return of Sheriff—Statutes. Under Rem. Comp. Stat., §§ 1104-1110, providing for the foreclosure of chattel mortgages by sheriff’s notice and sale on personal notice if the mortgagor can he found, which do not require any return or certificate of “not found,” or name anybody or place to whom such a return can be made, such a certificate or return ■ is not essential to the validity of a sale on seizure and notice by advertisement, as provided by the act, where it was admitted that the mortgagor was out of the state and could not he personally served.</p> <p>Chattel Mortgages (64-1)—Constitutional Law (137)—Fore-closure—Due Process of Law—Process or Notice. Rem. Comp. Stat., §§ 1104-1110, authorizing the foreclosure of a chattel mortgage by sheriff’s sale in like manner as sales upon execution, constitutes due process of law, where it requires seizure of the property and personal notice, or notice by advertisement if the mortgagor cannot be found in the county, and provides a method by which the foreclosure may be removed to and contested in the superior court.</p> <p>Holcomb, J., dissents.</p>