Benney v. Clein

Citations

• 15 Wash. 581
• 46 P. 1037
• 1896 Wash. LEXIS 253

Syllabus

<p>VACATION OF JUDGMENT — EFFECT AS BETWEEN THE PARTIES — SALE OF PROPERTY UNDER — REPLEVIN — ESTOPPEL TO DENY PLAINTIFF’S TITLE.</p> <p>Where a judgment has been vacated because of the irregularity of the plaintiff in obtaining it, it operates to avoid an execution sale made under it, as between the parties, and cancels the purchase by the execution plaintiff of the property sold.</p> <p>An execution plaintiff who purchases the property levied on does not occupy the position either of an innocent purchaser or of a bona fide incumbrancer.</p> <p>Where a plaintiff has purchased the defendant’s property at execution sale under a judgment which has afterwards been vacated, he is estopped'to dispute the defendant’s title thereto in a subsequent action instituted by the defendant against him for the recovery of the property.</p>