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AMERICAN SURETY CO. OF NEW YORK v. SUNDBERG

No. 35582.

58 Wn.2d 337 (1961)

363 P.2d 99

AMERICAN SURETY COMPANY OF NEW YORK, Respondent, v. OSCAR SUNDBERG et al., Defendants, THE UNITED STATES OF AMERICA, Appellant.

The Supreme Court of Washington, Department One.

June 22, 1961.

Attorney(s) appearing for the Case

Charles P. Moriarty (Charles K. Rice, Lee A. Jackson, A.F. Prescott, and Harold M. Seidel, of counsel), for appellant.

Lewis L. Stedman, for respondent.

HILL, J.

The issue here is whether a mortgage was made to secure future advances and, if it was, whether United States tax liens take priority over the mortgage lien as to advances made subsequent to the filing of the United States tax liens. There are also questions raised as to the validity of the United States tax liens and the effectiveness of the notice given.

In February, 1955, Oscar Sundberg, Thor Sundberg, and Carl Sundberg (doing business as Oscar...

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