The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-08-03
THE MORTGAGE LAW.
JUDGE MOORE RULES on 4 NEW
PHASE OF IT.
A Case Wherein nm Innocent Tenant
Must Necessarily Saner-The Court
Denounees . Vicious Practtce-A
Gru~some Collection OF Remind-
house Carrot Disappears.

TIE Interpretation % the mortgage law
PASSED ay the Legislature OF 1857 has been
hrough. I'D in xsse superior courts num-
re- az tines during the LAST month Re
Gently Judge Moore. oS the equity depart
yn.srf. announced an important ruling, 1T
which ne held thar the new iAw did not
Operate or contracts ard mortgages made
prior 70 tgs enactment, with especial refer
erce 20 the provisions providing for sale
of .ne rrorrgaged premises after arpratse-
rnent- and possession thereof ny the mort
gagor during the period OF redemption
Yesterday a new phase of the law was
presented 10 Judge Moore in the fore
closure suit entitled Coolidge VS. the
S-sf.hson Land Company. In this case the
snortsaxcr had d@taultei on payment OF
interest and principal for over a year.
receiver had been appointed. the court
having adia6ged the security insufficient
for tie debt The case came up yesterday
on the application of the plaintiff for an
order compelling w A. Watson. the ten
ant under the rnorrgagor, TO pay rent 10
this receiver from the date OF his appoint
menf.
II appeared from the pleadings in the
case that Watson had paid nine months
rent in advance dating from February ii
last The receiver sought 20 collect rent
from July J. but was resisted by the ten
ant. who showed his receipt for rent up TO
November IL.
Quite long argument was made yestsF-
day BIZ the attorneys in the case. There
IS a pathetic side 10 the story, not re-
yealei by the dry legal pieadings on rec
ord. Watson Is poor man. He recently
suffered an accident in which his hip was
broken. and now he lies at home, helpless,
suffering great pain and unable 10 pro-
vide FOR his family. Surely this was a
case In which justice should be tempered
with mercy urged his attorney.
After the lawyers had finished, the court
rendered a ruling granting the application
for an order compelling Watson 10 either
move or pay rent. In announcing his de-
cision. Judge Moore said:
There has grown up what may wen De
denominated a vicious practice, in which
n1ortgag ors allow the charges against the
mortgaged premises TO accumulate, and
who neither pay interest, principal nor
taxes and then come into court and ask
that they be allowed the rents and pronss
of the property during the foreclosure OF
the premises. and after the appointment
OF a receiver. The court has announced
that the mortgage law OF 1897 does not
apply as 10 the appointment of receivers
where the contract was made prior to the
enactment OF the statute, and where II Is
shown that the property has become in
sufficient surety for the loan II may be
that in this case a hardship falls on the
tenant In possession, DHt ne nau TIC
power 10 inform himself as to the rights
OF the mortsagor TO make a lease for
term and to collect the rent in advance.
In this case the court had adjudged the
premises insufficient security for the debt.
and a receiver was appointed. Under the
law the mortgagor is entitled. IN such
case. TO have the rents. issues and profits
collected by the receiver applied TO the
preservation OF the mortSaged premises
and TO the payrnsnt of the debt. The
courts ruling is in accordance with this
doctrine. and the ruling will be granted.
The announcement of this ruling will
have the effect of preventing transactions
Of this character in the future, In which
innocent tenants are allowed 10 pay rent
In advance when the premises are covered
by delinquent mortgages.