Hill v. Sawyer
| Decision Date | 07 March 1896 |
| Parties | HILL v. SAWYER ET AL. |
| Court | Washington Supreme Court |
Appeal from superior court, Pierce county, John C. Stallcup, Judge.
Action by J. E. R. Hill against E. L. Sawyer, A. R. Titlow, and others, in foreclosure. After final judgment, plaintiff appealed, and a decision was rendered modifying the decree of the lower court. Defendant Titlow and others had also excepted to certain of the findings made by the lower court and, at the time the decision was rendered in the supreme court, were prosecuting their appeal, which was subsequently perfected, and which they now urge. Dismissed.
Walter Christian, for appellants.
George H. Walker and Walker & Fitch, for respondent.
The plaintiff brought this action to foreclose a mortgage on certain real estate, asserting that it was a prior lien thereon. A number of others than the mortgagor were made parties thereto, either as original defendants or by intervention. Appellant A. R. Titlow appeared, and set up a number of lien claims for material used in the construction of a building, and, as trustee, he pleaded another mortgage upon said premises, and he asserted that all of said claims were prior and paramount to the lien of the plaintiff's mortgage. Appellant Alice Titlow, as the owner of said premises, she having succeeded to the rights of the original owner and mortgagor, contested the plaintiff's right to foreclose. A decree was rendered in favor of plaintiff establishing his mortgage claim as a first lien upon the premises; but the court held that a certain commission which the mortgagor had agreed to pay for obtaining the loan, and which was deducted from the sum loaned, and also the attorney's fee for foreclosing the mortgage, were not secured by the mortgage, as against the parties defending or some of them. Whereupon the plaintiff appealed to this court and a decision was rendered holding that the plaintiff was entitled to a first lien upon the premises, under his mortgage, for both of these items, and the case was remanded to the lower court, with instructions to include in the decree the amount of such commission and attorney's fees. Hill v. Sawyer, 12 Wash. 658, 40 P 414. It now appears that the appellants here had also excepted to certain of the findings made by the lower court and were at that time prosecuting an appeal to this court, which they subsequently perfected, and which is now before us for consideration. They contest the right of the plaintiff to foreclose at all, on the ground that the sum secured by the mortgage was not due, and that none of the mortgage conditions had been broken, and also claim that the liens of A. R. Titlow, in his own right and as trustee, are superior to...
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State ex rel. City of Duluth v. N. Pac. Ry. Co.
...another appeal. See, also, in this connection, Corning v. Troy Iron Nail Factory, 15 How. (U. S.) 451, 14 L. Ed. 768, and Hill v. Sawyer, 14 Wash. 275, 44 Pac. 537. While it is true, as suggested by the defendant, that a writ of error is the beginning of a new action in the appellate tribun......
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State ex rel. City of Duluth v. Northern Pacific Ry. Co.
...of another appeal. See also in this connection, Corning v. Troy Iron & Nail Factory, 15 How. 451, 14 L. Ed. 768, and Hill v. Sawyer, 14 Wash. 275, 44 Pac. 537. While it is true as suggested by the defendant, that a writ of error is the beginning of a new action in the appellate tribunal, an......
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State ex rel. City of Duluth v. Northern Pacific Railway Company
... ... subject of another appeal. See also in this connection, ... Corning v. Troy Iron & Nail Factory, 15 How. 451, 14 ... L.Ed. 768, and Hill v. Sawyer, 14 Wash. 275, 44 P ... While ... it is true as suggested by the defendant, that a writ of ... error is the beginning ... ...
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Damon v. Leque
... ... an equity cause, the court will not hear a subsequent appeal ... from the same judgment ( Hill v. Sawyer, 14 Wash ... 275, 44 P. 537), yet in a case like this, where the appeals ... are all perfected and the cause submitted to the ... ...