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RUSTAD HEATING & PLUMBING v. WALDT

No. 45532.

91 Wn.2d 372 (1979)

588 P.2d 1153

RUSTAD HEATING & PLUMBING COMPANY, Appellant, v. LAWRENCE G. WALDT, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

January 4, 1979.

Attorney(s) appearing for the Case

Dubuar & Lirhus, by Fred H. Dore and Albert G. Lirhus, for appellant.

Lasher, Johnson & Sweet, Inc., P.S., G. Michael Sweet, Linda Kelley Ebberson, Preston, Thorgrimson, Ellis, Holman & Fletcher, and John A. Gose, for respondents.

Louis H. Pepper and Fay L. Chapman on behalf of Washington Mortgage Bankers Association, Seattle Mortgage Bankers Association, and Washington Land Title Association, Edward N. Lange and Judd Kirk on behalf of Washington Bankers Association, and William B. Stoebuck, amici curiae.

UTTER, J.

Judgment was entered by the King County Superior Court permitting holders of a statutory deed of trust to exercise the right of redemption from foreclosure sale as provided by RCW 6.24.130(2). The sale was executed for the benefit of a senior creditor by judgment. The issue for decision on appeal is whether the deed of trust was a mortgage, as that term is used in the statute. We hold that it is and affirm the trial...

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