Twigg v. James

Citations

• 37 Wash. 434
• 79 P. 959
• 1905 Wash. LEXIS 747

Syllabus

<p>Mortgages — Foreclosure—Judgment—Jurisdiction to Grant Relief Prayed — Default. A judgment in foreclosure cannot be objected to for want of jurisdiction to grant the re! ief on the ground that the mortgage secured only one'of the notes for which the judgment was entered, where the compla nt alleged that it secured both notes and the defendants default :d.</p> <p>Judgment — -Vacation—Proof of Service — Record ] 'ailing to Si-iow — Irregularity—Default. Failure of the recoil to show proof of service of the summons is merely an irregu arity that does not affect the jurisdiction of the court to render judgment, where the court lias found that default was duly ente -ed.</p> <p>Judgment — Vacation-—Fraud—Failure to Accept Offer of Compromise. A judgment of foreclosure entered up in default duly taken will not be set aside on the ground of fra- id, in that plaintiff’s counsel failed to submit to his client a pro losition of settlement made by the defendants as he agreed to d<, where it is not shown that defendants were misled by any false statement.</p> <p>Judgment — Vacation—No Meritorious Defense — F ireclosurh Decree for Sum Not Secured — Sale for Less Sum. Where a judgment of foreclosure was entered for the amou it of two notes, only one of which was secured hy the mortga ;e, and at the sale the premises were bid in for less than the imount of such note, a deficiency judgment for the balance is r ot subject to attack where it is not disputed that the indebtednes i upon the other note was valid, due, and unpaid.</p> <p>Judgment — Vacation—Time and Method of Filing Aj plication. Under Bal. Code, §§ 5153, 5156-7, an application to vac. te a judgment for fraud in obtaining it must be made by petit on within one year, hy the notice prescribed, or by bill in equitj, and cannot be made by special appearance in the action five 3 ears after entry of the judgment.</p>