title:
Dexter Horton & Co, Bankers, Appellant vs E E Long Trustee appellee, Brief of Appellee.
title:
167
creator:
E. E. Long Trustee
contributor:
Allen
contributor:
Powers
date:
1891-01
publisher:
Washington State Supreme Court
type:
Civil
subject:
Real Estate
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, King County.Action by E. E. Long, trustee, to foreclose a mortgage executed by Builders' Material Company, to which Dexter Horton & Co. were made defendants, on the ground that they claimed to have some interest in the property. The Builders' Material Company never appeared or answered, and judgment was entered against it by default. Dexter Horton & Co. filed its demurrer upon the ground "that said complaint does not state facts sufficient to constitute a cause of action against this defendant." Demurrer overruled, and defendant answered over, denying the allegations of the complaint, but not setting up its interest in the property. Judgment for plaintiff, and Dexter Horton & Co. appeal.Foreclosure of Mortgage – Pleading – Corporation – Ultra Vires – Attorney’s Fee – In an action to foreclose a mortgage the allegation that a party, who is made co-defendant with the mortgagor, has, or claims to have, some interest in, or claim upon, the mortgaged premises, is sufficient without averring the character of the interest. Where a mortgage by a corporation was not authorized by its trustees, but was executed by its president and secretary, who were two of its three trustees, and the corporation received the benefits of the mortgage, the defects in its original execution will be regarded as cured by ratification.Where the complaint in a foreclosure proceeding alleges that $250 is a reasonable attorney’s fee, and the answer denies that any greater sum than $100 is a reasonable fee, the court should, in the absence of testimony on the point, find that $100 is a reasonable attorney’s fee.
relation:
Dexter, Horton & Co. v. Long, 2 Wash. 435 (1891)
relation:
27 P. 271
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf