Terry v. Furth

Citations

• 40 Wash. 493
• 82 P. 882
• 1905 Wash. LEXIS 1014

Syllabus

<p>Mortgages — Foreclosure—Action to Set Aside Sale — Evidence as to Date — Sufficiency. A decree of foreclosure should not be set aside, after seven years has intervened, on slight testimony that the sale was advertised for a certain day, and in fact took place on the following day; and findings sustaining the sale will not be disturbed where the testimony was not conclusive either way.</p> <p>Same — Irregularities—Confirmation of Sale — Failure to Object. The confirmation of a sale of real estate is conclusive as to the regularity of the sale, upon an action to set aside the confirmation for irregularities.</p> <p>Mortgages — Judicial Sale — Setting Aside — Fraud—Sufficiency of Showing. An action to set aside the confirmation of a sale of real estate for fraud cannot be sustained where the fraud shown was connected with the execution of the mortgage, and the only objection to the sale is that it was not had on the day advertised, and there is no claim of fraud in connection with the date of the sale.</p> <p>Same — Laches of Owner — Excuse for Delay. Removal from the state previous to a sale of real estate under a decree of foreclosure is not a sufficient excuse for failure to file objections to the confirmation of the sale within the time required by law.</p>