
    [No. 13854.
    Department One.
    April 12, 1917.]
    Anna F. Skinner, Respondent, v. F. Hill Hunter et al., Appellants.
      
    
    Lis Pendens — Effect — Mortgages — Foreclosure — Homestead Right During Redemption. The filing of a Ms pendens in an action to foreclose a mortgage bars a declaration of homestead by a subsequent purchaser from the mortgagors; since the right to claim a homestead under Rem. Code, § 602, is a right “reserved” to the “judgment debtor” during the period of redemption, and cannot be transferred to one who had neither possession nor right of homestead at the time the Ms pendens was filed.
    Appeal from an order of the superior court for Spokane county, Blake, J., entered September £3, 1916, granting a writ of assistance in foreclosure proceedings, after a hearing before the court.
    Affirmed.
    
      A. O. Colburn, for appellants.
    
      J. Webster Hancox, for respondent.
    
      
       Reported in 164 Pac. 244.
    
   Chadwick, J.—

Respondent began an action to foreclose a mortgage upon certain property in Spokane. A lis pendens was filed at the time the action was commenced. The property was occupied by appellants Bedford as tenants from month to month. They were not made parties to the foreclosure proceedings. Before judgment was entered, the Bed-fords, whom I shall refer to as appellants, purchased the property of the mortgagors and, on the same day, filed a declaration of homestead. After decree and sale, appellants refused to give possession, and respondent applied for and was granted a writ of assistance. Counsel contends that a writ of assistance is not a proper remedy, but as the record is not sufficient to raise that issue, we will consider his main reliance, that is, that his clients are entitled to remain in possession of the mortgaged premises under their claim of homestead.

The filing of a lis pendens bars a stranger to the title from asserting a homestead in the property. Rem. Code, § 243; Jones, Mortgages (7th ed.), § 1664. See, also, Payson v. Jacobs, 38 Wash. 203, 80 Pac. 429; Portland & Seattle R. Co. v. Ladd, 47 Wash. 88, 91 Pac. 573.

Under our statute, the right to claim a homestead in property can hardly be said to be a matter of traffic. It is a right reserved to a “judgment debtor” to “retain” possession of the mortgaged premises during the period of redemption. Rem. Code, § 602.

Since appellants’ grantors had neither possession nor right of homestead at the time the lis pendens was filed, it follows that the judgment must be affirmed.

Ellis, C. J., Main, and Webster, JJ., concur.  