Boyer v. Robison

Citations

• 43 Wash. 97
• 86 P. 385
• 1906 Wash. LEXIS 660

Syllabus

<p>Quieting Title — Pleading—Complaint—Certainty. In an action to quiet title, it is not error to require a complaint alleging title to be made more specific and certain, or to deny a motion for a bill of particulars, where the claims of the parties are evidenced by written instruments and records, and the defendant was not surprised or misled.</p> <p>Same — Abatement and Revival — Transfer of Interest. In an action to quiet title, plaintiff’s conveyance of a portion of the premises during the pendency of the action, does not defeat the right to prosecute the action to final judgment.</p> <p>Trusts — Deed Absolute — Intent. No trust is created in favor of two of the grantor’s sons, who were insolvent, by a deed to another son, where it appears that the grantor desired to distribute her property, and was advised that she could not deed the same in trust for such sons without putting the same in reach of their creditors, and thereupon decided, upon legal advice, to deed the same all to the grantee absolutely, leaving him to aid or assist his brothers or not, as he should see fit, but without any obligation so to do.</p>