Burke v. Bladine

Citations

• 99 Wash. 383
• 169 P. 811
• 1918 Wash. LEXIS 624

Syllabus

<p>Judgment — Res Judicata — Partition of Estate — Probate of Will. The title acquired by a devisee in a will, although vested immediately on the death of the testator, is divested by an adjudication in an action to quiet title and for a partition between the same parties, brought' in the same court in which the probate of the will was pending and undetermined; since the superior court has jurisdiction of actions to quiet title and for partition involving the same property, and the exclusive jurisdiction to probate the will as a court of probate is not infringed by the partition suit, judgment in which is res adjudicate.</p> <p>Judgment—Action To Set Aside—Pleadings — Fraud. A complaint in an action to set aside a judgment quieting title on the ground that defendants designedly failed to probate a will does not sufficiently allege fraud, where no affirmative act was shown preventing discovery of the filing of the will for probate which was of public record; since it is not fraud to fail to disclose evidence to defeat the claims of the adversary, and conclusions are not sufficient.</p> <p>Same—Setting Aside—Perjury. A judgment cannot be set aside for perjury in obtaining it, unless there be in addition some collateral fraud.</p>