Bullock v. Wallace

Citations

• 47 Wash. 690
• 92 P. 675
• 1907 Wash. LEXIS 837

Syllabus

<p>Vendor and Purchaser—Bona Pide Purchase—Notice—Record—■ Defective Tax Title. A recorded quitclaim deed to the owner from a tax title grantee, although the wife did not join therein, is sufficient to put upon inquiry grantees claiming to be bona tide purchasers through mesne conveyances from the tax title grantee, who inadvertently made the second deed, where inquiry would have disclosed that the quitclaim was made to rectify a mistake which rendered the tax title void.</p> <p>Taxation—Tax Title—Validity—Payment of Tax—Judgment— Collateral Attack. Where taxes have in fact been paid by a nonresident owner, but a foreclosure for taxes resulted through the mistake of the county treasurer’s office, a tax title secured by publication against a nonresident owner is void; and the same may be collaterally attacked under Laws 1897, p. 190, § 114, making the tax judgment conclusive in collateral proceedings “except where the tax or assessments have been paid.”</p> <p>Same—Recovery of Land Sold for Taxes—Ejectment—Pleading. Bal. Code, § 5679, requiring the complaint in an action to recover lands sold for taxes to allege that the tax had been paid or tendered does not apply to an ordinary action of ejectment, where the plaintiff was ousted by one claiming under a void tax title which, under the law of 1897, was subject to collateral attack from the fact that the tax had already been paid.</p> <p>Ejectment—Judgment—Improvements. In ejectment the judgment as to improvements made and taxes paid by the defendant must conform to Laws 1903, p. 262.</p>