Anderson v. Hall

Citations

• 91 Wash. 376
• 157 P. 996
• 1916 Wash. LEXIS 1065

Syllabus

<p>Pleading — -Amendment—Demurrer • — ■ Discretion. After overruling a general demurrer to the complaint and the filing of an answer, it is discretionary for the trial court to deny leave to file an amended answer in the nature of a second demurrer alleging that the action had not been commenced within the time limited by law and that the facts in the complaint did not state a cause of action.</p> <p>Appeal — Review—Amendments. After a full trial on the merits, defects in the pleadings must be disregarded and deemed cured by amendment.</p> <p>Limitation op Actions — Persons Barred — Adverse- Possession— Quieting Title. The bar of the statute of limitations against an action to quiet title does not run against one in uninterrupted possession holding adversely under a claim of right.</p> <p>Quieting Title — Evidence—Deeds—Admissibility. Where plaintiff, upon purchasing land, took title in the name of his father, to whom the deed was delivered, and subsequently took another deed to the defendant, in an action to quiet title against defendant, the prior deed is admissible as part of the history of the transaction and to show that defendant acquired no title.</p> <p>Trusts — Resulting Trusts — Deeds. The execution of a deed by plaintiff to defendant without other consideration than contemplation of marriage, and its subsequent recordation by plaintiff, vests no more than bare title in the defendant; and a resulting trust exists in favor of the plaintiff, where the deed was never delivered and it</p> <p>was all done without the knowledge of defendant, at a time when plaintiff, already married, could make no valid contract to marry defendant and defendant broke off the engagement.</p> <p>Fraubulent Conveyances — Rights oe Parties — Equity—Quieting Title. Where, pending divorce proceedings, the wife made no claim to certain property purchased by the defendant husband and there was no evidence that the same was concealed from her, the fact that he took title in the name of a