Burgess v. Peth

Citations

• 79 Wash. 298
• 140 P. 351
• 1914 Wash. LEXIS 1191

Syllabus

<p>Appeal — Right to Allege Error — Parties Not Appealing. Error cannot be alleged by a respondent who fails to file a cross-appeal; since tbe judgment is final as to him.</p> <p>Judgment — Res Judicata — Matters Concluded — Identity of Issues and Parties. Where, in an action to quiet title to lands claimed through receivership and tax proceedings, defendants answered, attacking the proceeding and claiming title as trustees for the use of the members of a brotherhood who had contributed to the purchase of the land, a judgment adverse to defendants, holding that the answer showed no right in any of the defendants, is res judicata and a bar to a subsequent intervention, in another action to quiet title, under a plea attacking the receivership and tax proceedings and alleging the title to be originally in the first trustees, and in the interveners as their successors, for the use and benefit of the membership of the brotherhood at large, half of the present trustees having been defendants in the first suit.</p> <p>Charities — Abandonment of Purpose. There is an abandonment of an unincorporated voluntary society, and a failure of its contemplated1 charitable trust in lands, where it appears that its affairs were wound up in a receivership proceeding in 1905, the constitution required meetings to be held at least once a year, and no meetings were held or officers elected until 1912, all the members were in default in the payment of dues, and the only purpose in attempting to keep the association alive was to continue litigation, without regard to the original beneficial purpose of the society.</p> <p>Taxation — Tax Title — Action to Set Aside — Condition Precedent. In an action to set aside tax proceedings, it is á condition precedent fixed' by statute that a tender be made of the amount of taxes paid.</p> <p>Same — Tax Sale — Right to Purchase. The fact that a receiver’s sale was subject to taxes, requiring the purchaser to pay the price without deduction of taxes due,