The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-16

act deliberately upon weiI-estahlsshed
tlr4s. not swaysf b popular Impulse, ana
aszsslsy upcn 5etts- Information tnaa leg
istatares n4se and with letter assistance.
faf courts zre czifed upon 70 interpret and
eonstsase lass after they have been test
ed Ia tSe light ~ practical experience:
fa@y 30 net aSsifaGe TO correct their owa
rnsssaEez and they have continuing ard
not stated. periodical opportunity 10 do
SO. Il hsppsEs occasionally with refer
eEce 20 legislative acts. ard II II particu-
larry true - this act that the provisions
sra complicated and hard 20 reconcile.
Tire frat provision of section 70. allowing
sales for TIE 8rnouTt OF the debt. mus. De
accorded the right or power expressed or
IL il meaningless. TO get this aside. II Tot
necessarily - direct conflict With some
other express provision. would be judicial
l.g ska ssGa ard not construction. Il hard
Easps EesssW 5kereunkseF q Is q matter for
tae legislature 70 remedy, but We fan 20
see wneEe It's practical effects are likely
10 b. ~ 5ufl8aS- Under the fiFrt clause a n
apFfa sxe3nent r. necessary. Construed
with reference 10 the second, In case OF
ordinary judgment II levy has been
made 1po3 several distinct parcels. or II
81 II capable q partition or division. Il
raugt b4 divided and each part appraised,
hut WIEN that II done. then under the
urss provision in the case Of an ordinary
Judgment ievy, doubtless the tract having
the smaller value. rot being capable OF
further partition or division, may be sold
foF tbs amount o. the debt. although tire
Il bt nay net equal eighty per cent OF the
appraised value. This construction gives
effect 20 zach clause az the act and
direct and salJtary effect 20 the matter
q Tue appralsezs1est. Under that the sale
must be- for the fan amour. OF the debt
II the debt Is less than eighty per cent of
tie amount Of The &ppratsenent Thus the
spirit - the act IL beneficial and tends -
prevent the sacrifiec OF property. Il COM
pes The judgment creditor 30 bid up To the
full amount Of his ae6t Il X Is less than 80
per cent. of the appraised vaiae but IL
says 80 an ordinary judgment creditor.
perhaps common saboreF. who could not
AVIAN himself OF the laws giving liens In
SONS eases but who has obtained judy
ntnt on his demand. sgaere the debtor
has bat one piece Of property not capa-
lie Of being divided and largely in ex-
cess Of bis demand. that he may sell tt for
tire amount CT his debt. OF course ne is
not required % bid more than ~ per cent.
81 the final appraised value IL that is less
than his debt. II there is no f.nal ap-
preisement he must bid the full amount
Of the preliminary appraiSenent uades the
act Il bis de0t amounts 10 that mucl.
There. j. no hardship In this 10 the debtor
class surely. fer man having a tract of
large vaine under such circumstances
could raise an amount sufficient TO dis
charge a small obligation or amount
saflIeisnt To redeem his property within
the time provided in case Il was sold. In
sales under DEGREES OF foreclosure OF
mortgage mechanics and such special
Hens, whore the lien is given upon all the
land included therein, By the contract or
~ the law. II may all remain as security
for the debt uNtti IL Is satisfied Where
several parcels are included In the mort
gage or In case Of mechanics lien COW
ering two buildings built under one con-
tract, while a separate sale of each may be
had the mcrtgagee or hcnor IS not re-
quirsd To bid more than the amount of his
O. bs upon all That II. he may segregate
bis debt and bid q part on each parcel He
IS not compelled 10 bid more than 80 per
cent. OF the final appraised value In any
event upon any or all Of Il. He may buy
fer less IL his debt Is less than 50 par cent.
Tae aa,ne rule would apply 10 the pre-
Urinary estimates. az In the case OF an
ordinary Judgment. making the amount
the limit Il the debt amounts 10 that
much. But Il would apply as 10 all OF tho
pETpcrty hsre. Ctherwsse no meaning
could DO given 10 the last clause OF Sec
ton u. as there may be separate sale OF
parts as We have seen. But under this
provision they are aIi subject 10 the lien
and for the amount bid. In the case Of
Purves ~ Mover Wash, - Pac.. s32. de-
rlded "a few days after the Swinbarne
care. IL was held that the provisions Of
tho act requiring the levy OF an cxecu-
ton did not apply In care Of mortgage
Hens on the principle that the law does
not require the performance of an idle
thlng and the decree being a lien upon
specific property. there was no necessity
for 4 levy I'm view OF this holding II has
been argped IN some Of the briefs that the
rroVls0us ~ the act relating 10 the post
ponement Of sale do not apply and that a
stie Of nlorigaged lands may be had forth
with under section go Vol. II OF the Gods