Brummett v. Campbell

Citations

• 32 Wash. 358
• 73 P. 403
• 1903 Wash. LEXIS 428

Syllabus

<p>PLEADINGS-CONCLUSIONS.</p> <p>Neither conclusions or probative facts should be pleaded, but the allegation of a fact will not be affected by the addition of conclusions or redundant matter.</p> <p>EQUITY-CONTRACT TO CONVEY- — SPECIFIC PERFORMANCE.</p> <p>Where an applicant for the purchase of school lands agrees in writing that, upon receiving a deed, he will convey a portion thereof to the owner of improvements thereon, who was to pay a proportion of the price in installments, and the contract for the purchase from the state is assigned, with notice, and the assignee receives installments of the price from the owner of the improvements, the assignee, upon obtaining a deed from the state, is bound to convey to parties who had succeeded to the interest of the owner of the improvements through the foreclosure of a mortgage thereon, upon a tender by them of the balance due under the written agreement.</p> <p>SAME-EQUITABLE DEFENSE-DIRECTED VERDICT.</p> <p>In an action to recover the possession of land, the plaintiff is not entitled to recover upon legal title alone, where the defendants claim the equitable title, and whether the defendants are entitled to the equitable relief demanded is a question of law for the court, and a verdict is properly directed where such defense is established.</p> <p>SAME-CONTRACTS-ABROGATION.</p> <p>After the owner of improvements upon school lands had mortgaged the same and his equitable interest in the lands under an agreement for the purchase of the same, he could not cancel and abrogate the agreement to the prejudice of the mortgagee, and the court was justified in disregarding unsatisfactory evidence of such attempted abrogation.</p> <p>SCHOOL LANDS-IMPROVEMENTS.</p> <p>The person lawfully in possession of school lands and improvements thereon has a right to retain the same until they are paid for.</p> <p>APPEAL-EVIDENCE-HARMLESS ERROR.</p> <p>The erroneous admission of evidence is harmless where on the whole case a verdict was pro