Wechner v. Dorchester

Citations

• 83 Wash. 118

Syllabus

<p>Mortgages — Foreclosure—Sale—Redemption—Subsequent Judgment Sales — Rights op Purchaser — Title. Where a judgment creditor, having redeemed from a mortgage foreclosure sale cutting off his judgments, caused the property to be sold under execution on his judgments to D., and also afterwards assigned to D. his certificates of redemption from the mortgage foreclosure sale, such execution sales passed no more than a right to redeem from the mortgage foreclosure sale, time for which redemption was not extended by the executions upon the judgments; and D. was accordingly entitled to demand the sheriff’s certificate of sale on foreclosure, after expiration of the period of redemption, although in the meantime he had sold his interests by virtue of the judgments and execution sales thereunder to a third party, with notice of all the proceedings.</p> <p>Same — Right op Assignees op Judgment — Estoppel. In such a case, there being no fraud alleged and all the parties having full notice of all the proceedings and the state of the title, the assignment and sale of whatever rights the judgments or the sales thereunder carried, without any intention to release the rights secured by redemption from the mortgage foreclosure sale, does not estop the assignee of the redemptioner from the mortgage foreclosure- sale to assert that his assignment and sale of all interests under the judgments did not convey the title to the land; since estoppel does not operate where all parties had equal knowledge, and no misrepresentations or attempts to deceive were made.</p>