Thompson v. Price

Citations

• 37 Wash. 394
• 79 P. 951
• 1905 Wash. LEXIS 741

Syllabus

<p>Mortgages —Foreclosure —--'Parties—Trusts—Deeds—Conveyance oe Fee to Trustee. Where the owners of lands subject to a mortgage conveyed the same by warranty deed, in trust, “the same to be sold . . . and the proceeds thereof to be applied” to the indebtedness of the grantors, the balance of the proceeds, if any, to be returned to them, the entire fee passes to the trustee, the trust being personal and not running with the land, so that the cestuis que trustent are not necessary parties to an action to foreclose the mortgage, and their rights are cut off by foreclosure against the trustee while holding the title.</p>