Bluett v. Wilce

Citations

• 43 Wash. 492
• 86 P. 853
• 1906 Wash. LEXIS 735

Syllabus

<p>Actions — Legal ob Equitable — Juey Trial— Cancellation oe Deed eoe Fraud. An action is an equitable one, in which the parties are not entitled to a jury trial, where the complaint was to set aside a deed by reason of an alleged trust and for relief for fraud and violation of a trust, and where the issues involved a mortgage on premises in possession of the mortgagee, which mortgage had never been paid.</p> <p>Trial — Findings—Necessity. In an equity case in which the court dismisses the action, it is not error to refuse to make findings of fact.</p> <p>Cancellation of Instruments — Fraud—Evidence—Admissibility. In an action by a divorced -woman to set aside a deed alleged to have been made by her to a trustee, evidence offered by tbe plaintiff as to tbe treatment accorded ber by ber former busband is inadmissible.</p> <p>Same. In an action to recover land from an alleged trustee ex maleficio, it is not error to testify as to ber expenses upon tbe land, since tbe claim of tbe plaintiff required an accounting between tbe parties.</p> <p>Same — I-leading—Inconsistent Defenses. In such an action defenses are not inconsistent by reason of a prayer that tbe action be dismissed, followed by another to tbe effect that, if any of the plaintiffs are found to bave title to tbe property, an accounting be bad, and tbe defendant be allowed repayment of sums advanced and taxes paid, with interest.</p> <p>Appeal — Review—Findings—Cancellation of Deed — Evidence. Where tbe evidence for tbe cancellation of a deed is conflicting, and eleven years bad elapsed since tbe conveyance was made before commencement of tbe action, tbe findings of tbe trial court upholding tbe validity of tbe deed will not be disturbed on appeal; since tbe evidence must be clear and convincing to set aside a deed.</p>