White v. Powers

Citations

• 89 Wash. 502
• 154 P. 820
• 1916 Wash. LEXIS 720

Syllabus

<p>CONSTITUTIONAL LAW — DUE PEOCESS OF LAW — LlENS—ON CHATTELS —Fobeclosuee. Rem. & Bal. Code, §§ 1105-1107, providing that chattel liens, under § 1157, shall be foreclosed as in the case of chattel mortgages by placing in the hands of the sheriff a notice, to be personally served as in the case of a summons (which may be by publication in case the defendant cannot be found within the state, of which the sheriff’s return that he cannot be found in the county shall be prima facie evidence), which notice shall be authority for taking immediate possession of the property, provides for due process of law, in that it provides for notice and opportunity to be heard through the property owner’s right to remove a cause to the superior court and contest the foreclosure; although it allows foreclosure of a lien against a resident of the state without personal notice.</p> <p>Liens — Chattle Liens — Fobeclosuee-—Notice—Necessity—Due Process of Law. Under Rem. & Bal. Code, §§ 1105-1107, requiring notice of a chattel foreclosure to be personally served as in the case of a summons, and if the mortgagor cannot be found in the county, then by publication as in the case of a sale on execution, a foreclosure is void, as being without due process of law, where the sheriff’s return showed no certificate either of service of the notice on the mortgagor or that he could not be found in the county.</p>