Brodsky v. Nelson

Citations

• 57 Wash. 671
• 107 P. 840
• 1910 Wash. LEXIS 818

Syllabus

<p>Deeds — Description—Certainty. A deed of the “west half of the south of the southwest section twenty-two” is indefinite and uncertain, and insufficient to show title to the north half of the southwest quarter of the southwest quarter of the section.</p> <p>Quieting Title — Equitable Title of Plaintiff — Taxation—Deed —Action to Set Aside — Possession. Equitable title to property, under a quitclaim deed with a faulty description (which might be reformed), is sufficient to authorize an action to quiet title and set aside a void tax title, nor is it necessary that the plaintiff be in possession.</p> <p>Same — Proof of Equitable Title' — Subsequent Deed — Admissibility. Where the plaintiff in an action to quiet title and set aside a void tax title held a superior equitable title, before suit brought, under a deed with a faulty description that might be reformed, a quitclaim deed correcting the error, received by the plaintiff after commencement of the action, is admissible to supply proof of the error in the original deed upon which an action of reformation could have been based.</p>