Woodhurst v. Cramer

Citations

• 29 Wash. 40
• 69 P. 501
• 1902 Wash. LEXIS 551

Syllabus

<p>APPEAL-EXCEPTIONS TO CONCLUSIONS OF LAW.</p> <p>When the facts as found by the court are not disputed, the only question is whether the judgment is authorized by the facts found, and this question is reviewable upon a general exception to the conclusions of law.</p> <p>EXECUTION SALES —' POSSESSION DURING REDEMPTION PERIOD.</p> <p>Under Laws 1899, p. 93, §15, a judgment debtor is entitled to the possession of farm lands sold on execution during the period of redemption.</p> <p>ACTIONS-SHIFTING OF ISSUES BY EQUITABLE DEFENSE-PRESUMPTION AS TO AMENDMENT OF PLEADINGS.</p> <p>Although an action in its inception may have been one merely for possession of land, yet where the defendants have asked for equitable relief, and the plaintiff on appeal has asked that the issue raised by defendants be determined, the supreme court will consider the pleadings amended so as to bring the matters suggested within the issues.</p> <p>JUDGMENTS-LIENS-WHAT LAND SUBJECT.</p> <p>Land conveyed to a grantee is subject to tbe lien of a judgment against bim, although no cash was paid therefor hy the grantee, hut the purchase price was paid in part hy money advanced hy his father and mother and the balance paid from funds arising from a mortgage given on the premises, the money advanced hy the parents being secured hy the execution of a mortgage to them on the same land, and there being no evidence of the land having been taken hy the grantee as trustee for his parents or any one else.</p> <p>MORTGAGES-CONVEYANCE TO MORTGAGEE-MERGER.</p> <p>Where a conveyance of mortgaged premises was made to the mortgagee in satisfaction of the mortgage debt, who took same in ignorance of a subsequent judgment lien thereon and canceled the mortgage of record, equity will not treat the conveyance as a merger of the mortgage lien in the absolute estate, hut will revive such lien as against a purchaser on execution sale.</p>