Bracka v. Fish

Citations

• 23 Wash. 646
• 63 P. 561
• 1900 Wash. LEXIS 399

Syllabus

<p>EJECTMENT-ACTION ON TAX DEED — ADMISSIBILITY OE DEED IN EVIDENCE.</p> <p>In an action of ejectment by a plaintiff claiming title under a tax sale made prior to November, 1891, the tax deed executed pursuant to such sale is admissible in evidence against a subsequent purchaser of the premises, although the certificate of sale and the deed based thereon had not been recorded, where the defendant has not affirmatively pleaded and proved that he was a purchaser in good faith and for a valuable consideration, since Laws 1891, p. 167, § 5, denying a lien upon or title to land through tax sales made prior to November 1, 1891, unless the certificates of purchase or tax deeds have been recorded on or before November 1, 1892, is applicable only “as against purchasers or incumbrancers for value and in good faith.”</p> <p>SAME — PARAMOUNT TITLE-BURDEN OE PROOE.</p> <p>In an action of ejectment based upon a tax title antedating the title set up by defendant, the burden of proof is on defendant to establish paramount title.</p>