Brown v. Baldwin

Citations

• 46 Wash. 106
• 89 P. 483
• 1907 Wash. LEXIS 570

Syllabus

<p>Appeal — Review—Harmless Error. Error in the admission of evidence in an equity case triable de novo on appeal is harmless.</p> <p>Same — Amendment of Complaint — Creditor’s Suit — Return of Nulla Bona. In an action by a judgment creditor to quiet title to property conveyed by the debtor in fraud of creditors, findings for plaintiff will not be reversed on appeal for failure to show an execution returned nulla tona, where the court found upon sufficient evidence that the debtor had no other property; and the pleadings will be considered amended in that respect.</p> <p>Quieting Title — Pleading—Waiver of Objections. An objection that an action to quiet title could not be maintained by one out of possession who failed to allege that the land was vacant and unoccupied, is waived by trial of the issue as to title, raised by answer ashing that the title he quieted in the defendants, although a demurrer ore tenus was interposed at the trial.</p> <p>Actions — Form—Abolishment of Distinctions — Quieting Title ■ — Creditor's Suit — Relief. An action by a judgment creditor to quiet title, in which the complaint alleges a conveyance in fraud of creditors and the purchase of the property by plaintiff on execution sale, should not he dismissed for error in the form of action, in that the complaint failed to allege that the plaintiff was in possession or that the land was vacant and unoccupied, hut alleged the defendants to be in possession by the receipt of rents; since the code abolishes all distinctions in the forms of action, and the court may give the relief sought where the facts stated show the party entitled thereto.</p>