Blackwell v. McLean

Citations

• 9 Wash. 301
• 37 P. 317
• 1894 Wash. LEXIS 300

Syllabus

<p>APPEAL — RECORD — PARTITION — SET- OFF — DECREE.</p> <p>Where the evidence is not contained in the record on appeal, the appellate court will not consider general exceptions to the findings of fact and the decree.</p> <p>In an action for partition of lands, defendants may set off moneys paid out at request of plaintiffs in defending the title to the lands.</p> <p>The defendant in partition proceedings is entitled to set off the value of necessary improvements made by him upon the land, provided the claim for improvements is confined to their value as. part of the land, without regard to their cost.</p> <p>A decree in partition proceedings is not erroneous because it designates the person appointed to take charge of the lands and sell same as a “trustee” instead of “referee,” as required by Code Proc., §584.</p> <p>Under § 608, Code Proc., providing that lands incapable of partition shall be sold at public auction to the highest bidder, in the manner required for the sale of real estate on execution, a decree authorizing such sale to be made at public or private sale is irregular.</p>