97 Wash. 484 | Wash. | 1917
Appeal from a judgment notwithstanding the verdict. The jury having found in favor of appellant upon all the controverted facts, we only have to examine the record to ascertain whether the verdict can be sustained upon the facts and is not contrary to law. Hence a complete summary of the facts need not be given.
Looking first to the facts supported by the evidence of appellant, we find that, prior to March, 1915, B. F. Richardson held a chattel mortgage upon the steamer City of Bothell, a small boat plying the waters of Lake Washington. The mort
Accepting the facts as found by the general verdict for appellant, we find no reason for setting aside the verdict and granting judgment for respondent. In this state a chattel mortgage gives the mortgagee an equitable lien upon the property mortgaged, title remaining in the mortgagor. When, under the terms of the mortgage, the mortgagor is in
The bill of sale from the sheriff to Anderson is based upon this assignment and upon what is termed the return of sale in which Anderson is described as “J. L. Anderson, assignee.” The evidence of appellant is to the effect that, in the return of sale as originally made by the sheriff, the name B. P. Richardson appeared as the purchaser at the sale. and so appeared upon an examination of the sheriff’s files “between the latter part of March and the middle of May, 1915.” There is also evidence that the name of the purchaser as originally given in the return of sale has been erased and the name “J. L. Anderson, assignee,” substituted. An inspection of the return plainly evidences an erasure,- though what was erased cannot be determined.
Respondent contends, as held by the lower court, that, irrespective of the finding of the jury upon the facts, the bill of sale establishes and perfects title in respondent, and appellant has no right in law, at least in this form of proceeding, to question his title. If, as found by the verdict, Richardson was the purchaser at the foreclosure sale, then the title to the boat as well as the_ right of possession passed to him, and upon his death and the appointment of appellant as the legal representative of his estate, full power and warrant was given in law to wage an action such as this, the .purpose of which is to restore to the estate that which in fact and law belongs to it.
Respondent’s motion to strike the statement of facts is denied. It is based upon the contention that the statement of facts as proposed by appellant was so deficient as to make it necessary for respondent to file a new statement in order to properly present the record on appeal. Appellant’s statement was sufficient to present all the material facts relevant to questions raised on the appeal. If respondent deemed it insufficient, the remedy was by amendment.
Judgment reversed and remanded with instructions to enter judgment on the verdict.
Ellis, C. J., Main, and Chadwick, J J., concur.