Strandell v. Strand

Citations

• 82 Wash. 59
• 143 P. 442
• 1914 Wash. LEXIS 1469

Syllabus

<p>Mortgages — Foreclosure—Decree—Sale for Installments Due After Judgment. Under Rem. & Bal. Code, §§ 1126-1128, providing for tbe foreclosure of a mortgage for an installment of interest due, and that tbe decree should remain and be enforced against tbe mortgaged property in tbe event of default in tbe payment of any subsequent installment, upon application and a bearing to be bad, tbe court has jurisdiction, after final decree and satisfaction of judgment for tbe installment then found due, to direct a sale to satisfy subsequent installments in which defaults have since occurred, and application therefor need not be based upon a new summons and complaint.</p> <p>Mortgages — Foreclosure — Decree — For Installments — Payment — Satisfaction. Payment of tbe amount of a personal judgment for tbe first interest installment due, under a decree of foreclosure of a mortgage, does not satisfy tbe judgment of foreclosure, so as to prevent a second sale for subsequent installments, where tbe decree showed that no part of such principal and interest bad been paid.</p> <p>Compromise and Settlement — Consideration — Discharge of Judgment — Payment of Less Sum. Payment of tbe amount of a personal judgment for tbe first interest installment due, under a decree of foreclosure of a mortgage showing that no part of tbe principal or other interest installments bad been paid, cannot be taken as a compromise and settlement of tbe foreclosure suit, satisfying the judgment, since there was no consideration for a compromise, there being no dispute as to the sum to become due.</p> <p>Same — Foreclosure—Attorney's Fees. Under a mortgage allowing an attorney’s fee of $i00 in case the judgment is paid before any property is ordered sold, and $200 in case the property is ordered sold, does not permit an attorney’s fee of $300, but the same is limited to $200, in any event.</p> <p>Same — Foreclosure—Decree—Subsequent Insurance Premiums. Under a final decree of foreclosure of a mortgage, providi