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Cascade Security Bank v. Butler

Supreme Court of Washington
567 P.2d 631 (1977)


Facts

In 1968, the defendants purchased real estate. In 1973, the plaintiff obtained a judgment against the defendants. The real estate was subsequently assigned to the respondent-interveners. The plaintiff filed for execution of the judgment based in part on a statute providing the real estate of a judgment debtor could satisfy the judgment. The sheriff published a notice of sale of the property. The respondents intervened and filed a motion for summary judgment, arguing their interest in the property did not constitute real estate under the statute. The trial court granted the respondents’ motion for summary judgment and stopped the sale. The plaintiff appealed.

Rule of Law

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Issue

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Holding and Reasoning (Brachtenbach, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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