Anderson v. Bigelow

Citations

• 16 Wash. 198
• 47 P. 426
• 1896 Wash. LEXIS 34

Syllabus

<p>DISMISSAL OF APPEAL — DEFECTIVE BOND — DEDICATION — AUTHORITY OF ATTORNEY IN FACT — JUDGMENT — EVIDENCE.</p> <p>An appeal will not be dismissed on account of failure to comply with the exact terms of the statutory requirements in the appeal bond, where its conditions are such as to protect every right of the respondent. (Anders and Gordon, JJ., dissent.)</p> <p>A general power of attorney by a wife to her husband to sell land will not authorize him to make a dedication for street purposes, and accordingly declarations and acts of his tending to show dedication by estoppel are not binding on the wife.</p> <p>The fact that a judgment in an action had determined that certain land had been dedicated by a grantor, would not make the judgment evidence in an action by a grantee against the grantor, when the grantor was not a party to the prior action and had not been legally notified to protect the title conveyed by his deed; and his knowledge of the prior action and presence there as a witness would not render him responsible for the result in such action.</p>