Zurfluh v. Hartman

Citations

• 103 Wash. 452
• 174 P. 963
• 1918 Wash. LEXIS 1089

Syllabus

<p>Mechanics’ Liens — Priorities — Actuad Notice of Mortgage — Evidence. Plaintiff, foreclosing a mechanics’ lien, and notified by letter of a superior mortgage, may rely upon an abstract of title and the assurance of the county auditor that there was no such mortgage of record, as a sufficient excuse for not making the mortgagee a party to the action.</p> <p>Same — Priorities — Erroneous Mortgage — Equities. Where a prior mortgage misdescribed the property upon which mechanics’ liens were claimed and foreclosure started, the mortgagee is, as against the innocent lienors, charged with notice of the state of the record, and was. bound to set up his mortgage by intervention in the lien foreclosure; and if the equities were equal, he must answer for the oversight as the one first in error.</p> <p>Mortgages — Constructive Notice. That a certain addition to a town plat had no block “D”, while the town plat did have, is not sufficient to charge one searching the records with notice that a recorded mortgage upon block “D” in such addition was a mistake and was intended to be upon block “D” in the original plat.</p>