Washburn v. Wilen

Citations

• 96 Wash. 480
• 165 P. 403
• 1917 Wash. LEXIS 615

Syllabus

<p>Mortgages — Foreclosure — Possession During Redemption — • Homestead — Farming Land — Statutes—Construction. Rem. Code, § 602, providing that the judgment debtor shall have a right to retain possession of any homestead occupied for that purpose at the time of sale during the period of redemption, has reference only to the “homestead” as defined in Id., §§ 528, 558 to 561, requiring a homestead to be' selected as therein provided, filed for record and recorded, from which time it shall constitute a homestead; hence, on mortgage foreclosure sale of tw.o acres just outside of city limits, occupied by the mortgagors as a home, with a dwelling-house, barn, chicken houses, and well, the balance of the land being planted to fruit trees and used for raising wheat and potatoes, but which had never been selected as a homestead as required by law, the mortgagors are not entitled to retain possession of the house, buildings and well as a. homestead, during the period of redemption, but only of the land farmed, under thé provision of Id., § 602, providing that, if the land is used for farming purposes, the judgment debtor shall have the right to retain possession during the period of redemption.</p>