Bruhn v. Pasco Land Co.

Citations

• 67 Wash. 490
• 121 P. 981
• 1912 Wash. LEXIS 1203

Syllabus

<p>Judgment — Default Judgments — Vacation — Limitations — Recovery of Real Property — Statutes—Construction. In view of Rem. & Bal. Code, § 705, providing that any person having a valid interest in real property and a right to the possession thereof may recover the same by action in the proper county, and may have judgment in such action quieting or removing a cloud from the title, and § 809, authorizing an action to quiet title without including specific relief for the recovery of possession, the provision of § 806, authorizing the vacation of a default judgment in actions to recover possession of real property, where service was by publication, at any time within two years after entry of judgment, has no application to a judgment in an action to quiet title to vacant and unoccupied land the title to which was alleged to be in the plaintiffs, the complaint not seeking recovery of possession, but only the adjudication of adverse claims made by the defendants; since actions ■to quiet title and to recover possession are not essentially the same under our statutes.</p> <p>Same — Vacation for Fraud — Limitations. A petition to vacate a judgment for fraud, under Rem. & Bal. Code, § 464, where there was no personal service on the defendant, under Id., § 235, is limited to one year after entry of the judgment, and cannot be entertained after that time, although an independent suit in equity to vacate for fraud might be maintained after the expiration of two years.</p>