Remington & Ballinger's Annotated Codes and Statutes of Washington; (cite Rem. & Bal. Code) Showing All Statutes in Force, Including the Extraordinary Session Laws of 1909 Volume 1

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...that the assignor has been guilty of no fraud in making an assignment or concealment or diversion of the property or any part thereof, in order to keep the same beyond the reach of creditors, and has acted justly and fairly in all respects; that the estate has been made to realize the fullest amount possible and that the expenses of the assignment have been paid. The judge of the court having jurisdiction of the matter shall, upon the allowance of the final account of the assignee, make an order discharging the assignor or assignors as the case may be from any further liability on account of any indebtedness existing prior to the making of such assignment, and thereafter such assignor shall be freed from any liability on account of any unsatisfied portion of the indebtedness existing prior to the making of the assignment. Cf. L. '90, p. 88, § 15; 1 H. C., § 2755; L. '95, p. 378, § 1. Cited in 5 Wash. 340; 24 Wash. 97; 35 Wash. 166. Discharge: See 1 Rcmington's Digest. p. 292, § 35; Wclier v. Yancey, 7 Wash. 84; Boston Nat. Bank. v. Hammond, 21 Wash. 158. When a judgment debtor failed to apply to court to limit plaintifl"s recovery in foreclosure proceedings to the property mortgaged, the discharge in insolvency will not prevent a deficiency judgment for balance due after sale of the mortgaged property: Leisure v. Kneeland, 2 Wash. 537. After institution of insolvency proceedings all questions relating to the fraud of the debtor should be tried therein, and if the debtor is convicted of fraud he cannot obtain his discharge, nor the return of his estate, as that has become vested in the assignee for the benefit of his creditors: Traders' Bank v. Van Wagenen, 2 Wash. 172. An assignment for...